Legal Opinion

Ada Blew v. Elliot L. Richardson, Secretary of Health, Education and Welfare

Court of Appeals for the Seventh Circuit

Decided August 23, 1973No. 72-1777PublishedCited by 21 opinions

1Opinion of the Court

STEVENS, Circuit Judge.

An unexplained absence of over seven years gives rise to a presumption of death for Social Security purposes. 1 The question presented by this appeal is whether an explanation which is found in events preceding the absence may defeat the presumption. The district court, 344 F.Supp. 183, held that the presumption must control unless there is evidence of continued life during the seven-year period. We reverse.

After an evidentiary hearing and an appeal, the Secretary denied a claim for child’s insurance benefits under § 202(d) of the Social Security Act, 42 U. S.C. §…

2Cases cited11 opinions

  1. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  2. Universal Battery Co. v. United States and Four Other CasesSupreme Court of the United States · 1930
  3. Universal Battery Co. v. United StatesSupreme Court of the United States · 1930
  4. Secretary of Health, Education and Welfare of the United States of America v. Lucy MezaCourt of Appeals for the Ninth Circuit · 1966
  5. John W. Gardner, Secretary of Health, Education and Welfare v. Wanda U. WilcoxCourt of Appeals for the Ninth Circuit · 1966

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Green v. ShalalaCourt of Appeals for the Seventh Circuit · 1995
  2. Charlotte Diane Edwards for Debora A. Long and Clayton D. Long, Plaintiff v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1980
  3. Geraldine Johnson v. Joseph A. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1979
  4. Green v. ShalalaCourt of Appeals for the Seventh Circuit · 1995
  5. Shirley N. Shore v. Joseph Califano, Secretary of Health, Education and Welfare, United States of AmericaCourt of Appeals for the Third Circuit · 1978

16 more not listed; retrieve them via the Exa API.

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