Schmiedigen v. Celebrezze

HOLTZOFF, District Judge.

The question presented in this case is whether the surviving spouse of a person covered by the Old Age Insurance provisions of the Social Security Act is entitled to the lump sum payment provided thereby on the death of the insured spouse if due to mental incompetency of the claimant, the two were not living in the same household at the time of the death.

This action is brought against the Secretary of Health, Education and Welfare, to review and set aside his decision denying the claim of a widow for a lump sum payment upon her husband’s death, on the ground that the…