De Soucey v. Flemming

LEVET, District Judge.

In this action by the above-entitled infants, the plaintiffs seek to set aside the decision of the Secretary of Health, Education, and Welfare and to secure an adjudication that such plaintiffs are entitled to “child’s insurance benefits” under the Social Security Act, particularly Title 42 U.S.C.A. § 416(h)(1).

The parties to the suit have made cross-motions for judgment on the pleadings. The record of the administrative proceedings has been incorporated in the government’s answer.

Facts

The plaintiffs are children of the insured wage earner, Edward F. De Soucey, who died…