Whittle v. Weinberger

MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND REMANDING CAUSE TO THE SECRETARY FOR FURTHER ADMINISTRATIVE ACTION

ELMO B. HUNTER, District Judge.

This is an action brought pursuant to the provisions of 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education, and Welfare denying plaintiff Whittle’s application for disabled widow’s insurance benefits under 42 U.S.C. § 402(e).

Claimant filed an application on October 13, 1971, seeking disabled widow’s benefits under the provisions of 42 U.S. C. § 402(e) (1) (B) (ii) and § 423(d) and based…