Lorraine Herd v. Marion B. Folsom, in an Official Capacity as Secretary of the United States Department of Health, Education and Welfare

SCHNACKENBERG, Circuit Judge.

Lorraine Herd and her husband Lee Evans Osborne were the parents of four children. They were divorced and, thereafter, Lorraine on March 2, 1953 married Jesse Elmer Herd. No children were born of this marriage. Jesse died on October 10, 1953. He had considered the four children as his own and the Social Security Administration allowed each one of them a child’s insurance benefits. As to that allowance there is no question in this case. Lorraine claims that she is also entitled to mother’s insurance benefits under the Social Security act. 1 Following the…