Stuart v. Hobby

BICKS, District Judge.

By this suit plaintiff seeks reversal of a decision of the Social Security Administration denying her widow’s insurance benefits under 42 U.S.C.A. §§ 402 (e) (1) (D). Defendant moves for summary judgment and plaintiff cross moves for the same relief.

The material facts are undisputed. The deceased wage earner died in 1944 leaving plaintiff, whom he married in 1911, as his surviving spouse. By 1915 they had separated and, in a separation suit instituted by her that year in the Supreme Court of the State of New York, an order 1 was made directing the wage earner to pay a…