John W. Gardner, Secretary of Health, Education and Welfare v. Wanda U. Wilcox

MERRILL, Circuit Judge:

This action was brought by appellee to review a final decision of appellant Secretary of Health, Education and Welfare, denying appellee’s claim for social security benefits based upon the alleged death of appellee’s husband. The Secretary’s denial was based upon a decision by a Department hearing examiner ad*493verse to appellee, and the Department’s affirmance of that decision on administrative appeal. The hearing examiner found that there was no evidence of death and ruled that the presumption of death provided by Social Security Administration Regulation1 did not apply,…