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Ditto v. Stoneberger

8/28/2002

ther because if any of the three were to leave, fixed costs would decrease, but not nearly as much as total family income.


In a number of important ways the economic situation in the Stoneberger household (before Edward's death) is analogous to that which exists in many two and three income families. If the members pool their money and if one family member dies or decides to leave the family unit, the usual result is that the remaining family member(s) suffer financially. This phenomenon is seen everyday in domestic relations practices involving childless marriages where both spouses earn an equal amount and pool their earnings. The reason is the same, i.e., economies of scale. In other words, the fixed costs of the spouse who is abandoned is not reduced as much as the earnings withdrawn from the pool. The result is ofttimes devastating because the disposable income of each spouse is greatly decreased, while expenses remain nearly constant.


Using the dictionary definitions of "substantial," Edward Stoneberger's contribution to both his sister and niece can be said to be of real worth and considerable value.


Appellant argues:


here was no testimony regarding "substantial dependence" other than contributions every third month, by Eddie, to the joint household expenses. This would be offset by the contribution he received, two out of three months, from them.


We disagree for two reasons. First, the decedent paid more than his proportionate share of the fixed expenses. More important, because three can live significantly cheaper, collectively, than one, they all benefitted one another greatly. This constituted sufficient evidence to enable the jury to find that Mary's and Candi's dependence on the deceased was substantial.


Appellant also argues that under 42 U.S.C. section 421(f) (2001), social security benefits for disability cannot be shared, that the funds are "individual" and "able to be used only by the claimant." Appellant contends that "because Social Security disability benefits are intended for the person who is disabled and cannot be utilized for their dependents, the sister and niece of the deceased Eddie Stoneberger could not legally be substantially dependent on him . . . ."


" he primary objective [of the disability insurance aspects of the Social Security system is] to provide workers and their families with basic protection against hardships created by the loss of earnings due to illness . . . ." Doe v. Heckler, 568 F. Supp. 681, 683 (1983) (quoting Mathews v. DeCastro, 429 U.S. 181, 185-86 (1976)). The Old Age, Survivors, and Disability Insurance Act, established under Title II, is an earnings-based insurance program funded by wage earners and is set up as a trust fund administered by the Social Security Administration. Id. The Act "was intended to benefit its recipients and not the states in maintenance of their public assistance programs." Id. at 684.


Appellant relies upon 42 U.S.C. section 421(f), which reads as follows:


(f) Use of funds by State. All money paid to a State under this section shall be used solely for the purposes for which it is paid; and any money so paid which is not used for such purposes shall be returned to the Treasury of the United States for deposit in the Trust Funds.


"Where statutory language is plain and free from ambiguity, and expresses a definite and simple meaning, courts do not normally look beyond the words of the statute itself to determine legislative intent." Degren v. State, 352 Md. 400, 417 (1999). "In such circumstances, no construction or clarification is needed or permitted, it being the rule that a plainly worded statute must be

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