Davis by Lane v. Schweiker

MEMORANDUM

SHIRLEY B. JONES, District Judge.

This action is brought under 42 U.S.C. § 405(g) for review of the final decision of the Secretary of Health and Human Services denying plaintiff, a minor, benefits as a surviving child under 42 U.S.C. § 402(d), based upon his deceased father’s Social Security earnings record. The case is before the Court on the parties’ cross motions for summary judgment.

On February 19, 1980, Ora L. Lane filed an application on behalf of her minor son, Warren Davis, for surviving child’s insurance benefits on the account of the deceased wage earner, Neal Goodwin, Jr.…