164
Per Curiam
the opportunity, and where it appears that a redetermination may determine the litigation's ultimate outcome, a GVR is potentially appropriate. Whether it is ultimately appropriate depends on a case's equities. All Members of the Court agree that a wide range of intervening developments may justify a GVR order but that the GVR power should be used sparingly. Thus, this Court has the power to issue a GVR order, and such an order is an appropriate exercise of the Court's discretionary certiorari jurisdiction. 2. Subject to the equities, the SSA's new interpretation of the Act makes a GVR order appropriate here. There is a reasonable probability that the Fourth Circuit would conclude that the timing of the agency's interpretation does not preclude the deference that it would otherwise receive, and that it may be outcome determinative in this case. The equities also favor a GVR. That disposition has the Government's express support. Since the Government has indicated its intention to apply the new interpretation to future cases nationwide, giving Lawrence a chance to benefit from it furthers fairness by treating her like other future benefits applicants. The general concern that a post-litigation interpretation may be the product of unfair or manipulative Government litigation strategies does not deprive Lawrence of the benefit of a favorable reinterpretation in these particular circumstances.
Certiorari granted; vacated and remanded.
Per Curiam.
Under the Social Security Act, the unmarried minor "child" of a deceased individual who was insured under the Act may receive survivors' benefits if she was "dependent upon such individual" prior to his death. 49 Stat. 623, as amended, 42 U. S. C. § 402(d)(1)(C) (1988 ed.). In order to determine whether a claimant is, for these purposes, the "child" of the deceased, and, as such, eligible to receive benefits, the Commissioner of Social Security "shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which [the] insured individual . . . was domiciled at the time of his death." 42 U. S. C. § 416(h)(2)(A) (1988 ed.).
The petitioner in this case, Lawrence, asserts an entitlement to benefits under these provisions. In so doing, she acknowledges that the relevant state law, that of North Car-
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