Mary J. Cunningham v. Patricia R. Harris, Secretary of Health and Human Services

BUTZNER, Circuit Judge:

Mary Jackson Cunningham appeals from the judgment of the district court affirming the decision of the Secretary of Health and Human Services to deny her widow’s insurance benefits under § 202(e) of the Social Security Act, 42 U.S.C. § 402(e). The sole issue on appeal is whether the claimant and Richard Cunningham, the wage earner, were “living in the same household,” as defined by § 216(h)(1)(B) of the Act, 42 U.S.C. § 416(h)(1)(B), when Richard died on August 29, 1959. We believe they were and that Mary is entitled to widow’s benefits under the Act.

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Richard Cunningham…