Summerhill v. Secretary of Health, Education & Welfare

MEMORANDUM AND ORDER

WILLIAM M. TAYLOR, Jr., District Judge.

This is an action under the Social Security Act, as amended, 42 U. S.C. § 405(g), to review a final decision of the Secretary of Health, Education, and Welfare denying her widow’s insurance benefits pursuant to 42 U.S.C. § 402(e) for any time prior to March, 1965. Defendant has moved the Court to affirm the hearing examiner’s findings in a summary judgment.

Plaintiff’s husband died in 1950. She testified that she called the Social Security Office twice, once in 1952 and again sometime between 1952 and June 24, 1955, but that on both…