Diane King v. Richard S. Schweiker, Secretary of Health and Human Resources

GEWIN,* Circuit Judge:

Claimant-appellant Diane King has petitioned this court for relief from the summary judgment order rendered by the district court for the appellee in Ms. King’s suit to collect surviving child benefits under the Social Security Act (hereinafter referred to as the Act). In order to determine the propriety of the trial court’s decision we must examine the following two issues: (1) whether the district court correctly ascertained that the Secretary-appellee’s decision in the case at bar was supported by substantial evidence and followed the correct legal standard; and (2)…