Ruth S. Weisenfeld v. Elliott J. Richardson, Secretary of Health, Education and Welfare

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

Appellant Ruth S. Weisenfeld brought this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education, and Welfare to impose deductions against her widow’s insurance benefits for the year 1967. In the District Court the facts were stipulated and both parties moved for summary judgment. The Government’s motion was granted, and Mrs. Weisenfeld appeals.

There is no dispute that Mrs. Weisenfeld became entitled to widow’s insurance benefits in January 1966. See…