Stein v. Flemming

HARPER, Chief Judge.

This is an action under Section 205(g) of the Social Security Act, as amended (hereinafter referred to as “the Act”), 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare.

Both parties have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

Joseph Walash, the deceased wage earner, was a patient at the Jewish Hospital in St. Louis, Missouri, and at the time of his death on April 3, 1957, he was receiving old age insurance benefits. It appears that he died without relatives or close…