Wieczoreck v. Folsom

SMITH, District Judge.

This is a civil action under section 205 (g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g). The plaintiffs seek a review of the denial by the Secretary of Health, Education and Welfare of their rights to the social security benefits under the Act. The matter is before the Court at this time on a motion for summary judgment filed by the defendant pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., and a certified transcript of the record made in the original proceedings. There is no dispute as to the. ultimate facts.

*508Facts

The decedent,…