Collins v. Celebrezze

FREDERICK van PELT BRYAN, District Judge:

This is an action under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare which denied mother’s benefits to plaintiff Carmen Collins and child’s benefits to the infant plaintiff Deborah Collins. All parties have moved for summary judgment pursuant to Rule 56(a), (b),F.R.Civ.P., on the record before the Secretary.

In order to qualify for mother’s benefits an applicant must establish that she is the wage earner’s “widow” and that she has in her care the wage earner’s…