McMorrow v. Schweiker

OPINION

BIUNNO, Senior District Judge.

This is a suit to review a final decision of the Secretary denying plaintiff’s claim for widow’s insurance benefits under Title II of the Social Security Act, as amended.

It comes before the court on defendant’s motion for summary judgment, an inartistic but convenient procedural device to calendar the case for hearing without encumbering it with the inapplicable steps of discovery and pretrial conference used for the regular trial list. Under the statute providing for judicial review, 42 U.S.C. § 405(g), the record of the proceedings before the agency is…