Dixon v. Gardner

OPINION

LUONGO, District Judge.

Before the court are plaintiff’s and defendant’s motions for summary judgment. Plaintiff brought suit in this court pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), which provides for judicial review of final decisions of the Secretary of Health, Education and Welfare. The only issue before the court is whether the final decision of the Secretary is supported by substantial evidence. If it is, his decision is binding on this court.

Earnest Dixon, the wage earner, died in 1961. In the same year the Social Security Administration began paying…