Finkelstein v. Secretary of Health, Education & Welfare

ROSENBERG, District Judge.

This is an appeal from the final decision of the Secretary of Health, Education and Welfare disallowing plaintiff’s claim for old-age insurance benefits under Section 202(a) of the Social Security Act, 42 U.S.C.A. § 402(a).

The United States Attorney now moves this court for judgment under Federal Rule of Civil Procedure No. 56 on the grounds that since there is no genuine issue as to any fact upon the record, the defendant is entitled to judgment as a matter of law.

On July 14, 1961, the plaintiff filed an application with the Social Security Administration of the…