Massey Ex Rel. Smith v. Weinberger

MEMORANDUM AND ORDER

JAMES R. MILLER, Jr., District Judge.

This action arises in this court for review of the final decision of the Secretary of Health, Education and Welfare denying the plaintiff, a minor, benefits as a surviving child under the Social Security Act (the Act) based upon her deceased father’s social security earnings record. The parties have filed cross-motions for summary judgment.

This action began before the Social Security Administration on April 26, 1972, when Marguerite Smith filed an application on behalf of her minor daughter, plaintiff Rita Massey, for surviving child’s…