Hermione King v. John W. Gardner, Secretary of Health, Education and Welfare

GODBOLD, Circuit Judge:

Hermione King brought this action under section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to obtain judicial review of a determination by the Secretary of Health, Education and Welfare that she was not entitled to Child’s Survivors Insurance Benefits under section 202(d) of the Act, 42 U.S.C.A. § 402 (d).1 The district court affirmed the determination of the Secretary and dismissed Miss King’s complaint. We hold that the Secretary failed to inquire into an important aspect of the matter and remand for further proceedings.

In 1963 Miss King filed an…