Rhoda Gershman v. Robert H. Finch, Secretary of Health, Education and Welfare

WINTER, Circuit Judge:

Plaintiff, Rhoda Gershman, sought review of the Secretary’s denial of her claim for mother’s insurance benefits as the divorced former wife of a deceased wage earner. Her companion claim for benefits for her children was allowed. The Secretary concluded that plaintiff was not receiving at least one-half of her support from her deceased husband at the time of his death; and the district court, concluding that there was substantial evidence to support this finding, affirmed the Secretary’s determination. We disagree and reverse, remanding the case for entry of an…