Martin v. Heckler

ORDER

HUGH GIBSON, District Judge.

Before the Court are the parties’ motions for summary judgment. Plaintiffs, the children of Dr. Winston L. Martin, appealed the decision of the Secretary of Health & Human Services denying them surviving children's benefits under the Social Security Act, 42 U.S.C. § 402. Dr. Martin has not been seen since his disappearance on December 25, 1976. The Secretary found that plaintiffs’ application could not be considered until seven (7) years have lapsed since the date of disappearance.

A claimant must demonstrate that the insured worker has died in order to obtain…