Viola Colbert v. Marion B. Folsom, Secretary of Health, Education, and Welfare

Notwithstanding the able and vigorous arguments urged on behalf of the plaintiff, we are constrained to agree with Judge Edelstein’s reasoned conclusion, Colbert v. Hobby, D.C.S.D.N.Y., 130 F.Supp. 65, that plaintiff was not “living with” her husband at the time of his death in 1949 so as to entitle her to a lump sum death payment under the Social Security Act, §§ 202(g) and 209(n), 42 U.S.C. §§ 402(g) and 409(n), as amended. Plaintiff and the deceased were married in Atlanta, Georgia, in 1922; he deserted her and his infant daughter in 1924 and never lived with her thereafter; and although…