Wittig Ex Rel. Peake v. Shalala

OPINION

QUIST, District Judge.

This is an action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health and Human Services denying plaintiffs’ claim for children’s benefits.

The final decision of the Secretary is now before the Court for review pursuant to motions for summary judgment filed by both parties. Section 205(g) of the Act, supra, limits the court to a review of the administrative record and provides that the Secretary’s decision shall be conclusive if it is supported by substantial evidence. The Secretary has…