Sheila L. Tanner v. Caspar Weinberger, Secretary, Health, Education and Welfare

JOHN W. PECK, Circuit Judge.

This is an action brought pursuant to 42 U.S.C. § 405(g) of the Social Security Act to review the decision of the Secretary of Health, Education and Welfare denying survivor’s benefits to Stephvan Tanner, the illegitimate child of the plaintiff-appellee, Sheila Tanner, and the deceased wage earner, Clarence Turner. The district court, relying upon the Supreme Court’s decision in Jimenez v. Weinberger, 417 U.S. 628, 94 S.Ct. 2496, 41 L.Ed.2d 363 (1974), entered summary judgment in favor of the plaintiff. The Secretary appeals that decision.

The facts of this case are…