Secretary of Health, Education and Welfare of the United States of America v. Lucy Meza

DUNIWAY, Circuit Judge:

The Secretary of Health, Education and Welfare appeals from an order of the District Court setting aside a decision of the Secretary. The proceeding was brought under 42 U.S.C. § 405(g). In that proceeding the appellee, Lucy Meza, sought review of a denial by the Secretary of her application for mother’s and children’s benefits under 42 U.S.C. § 402(d) and (g). We affirm.

The sole question presented to the Secretary was whether Lucy Meza’s husband Domingo was dead. There was no direct proof of his death. Lucy relied upon the fact that he had been absent and unheard from…