Spencer v. Flemming

HILL, Chief Judge.

In an action by plaintiff to review a decision of the referee of the defendant, both plaintiff and defendant have moved for summary judgment.

*518The referee’s decision denied the plaintiff’s application for a child’s benefits, because Carolyn N. Tucker, on whose behalf this action is brought, was neither living with nor receiving half her support from William E. Spencer, her deceased stepfather, at the time of his death.

Section 202(d) (4) of the Social Security Act, 42 U.S.C.A. § 402(d) (4), provides that a child shall be deemed dependent upon his stepfather, at the time of the…