Frances E. Moreno, as Guardian for Ernest R. Moreno, Jr., a Minor v. Elliot L. Richardson, Secretary of Health, Education, and Welfare

BRUCE R. THOMPSON, District Judge:

This action was brought in the District Court under Section 205(g) of the Social Security Act, hereinafter called “the Act” [42 U.S.C. § 405(g)], to review a final decision of the Secretary of Health, Education and Welfare disallowing the plaintiff’s application, on behalf of her son, for child’s survivor’s insurance benefits under Section 202(d) of the Act [42 U.S.C. § 402(d)],

Both plaintiff and defendant moved in the District Court for summary judgment. The plaintiff’s motion was denied and the motion of the defendant was granted.

On September 5, 1967,…