Kandelin v. Social Security Board

L. HAND, Circuit Judge.

This is an appeal by the Social Security Board from a judgment reversing its order, which had denied a “lump- sum” award to the plaintiff — the insured’s son — and had made such an award to his widow. The case involves only one question: To which of the two should the award go, the widow having without justification abandoned the insured during his life? The Board ruled that this abandonment was irrelevant, both under the statute and under one of its regulations (Example 1, § 403.829, Title 20, Code of Federal Regulations) ; and the correctness of that ruling depends…