Dora Coy, of the Estate of Frank M. Coy, Deceased v. Marion B. Folsom, Secretary of Health, Education and Welfare

BIGGS, Chief Judge.

Frank M. Coy, who died on December 11, 1952 at the age of 78, had been a fully insured wage earner under the Social Security Act, 42 U.S.C.A. § 301 et seq.; but during his lifetime no application for old-age benefits, for which he became eligible at the age of 75, was made by him. For some eighteen months before his death, Coy suffered severely from arteriosclerosis, was confined to a nursing home and was not mentally competent or able to handle his own affairs. He had not been declared legally incompetent, however; nor was any guardian or committee appointed to handle his…