Newman v. Gardner

ZAVATT, Chief Judge.

The defendant has moved for summary judgment. The plaintiff has made a cross-motion for summary judgment. The defendant’s motion is denied. The plaintiff’s cross-motion is granted.

This is an action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review the final decision of the Secretary of Health, Education, and Welfare (hereinafter Secretary) which held that the plaintiff Harriet Newman is not entitled to mother’s insurance benefits under section 202(g) of the Act, 42 U.S.C. § 402(g), or to child’s insurance benefits on behalf of her…