Cupler v. Secretary of Health, Education & Welfare

WILLSON, District Judge.

This action is brought by the plaintiff Alice H. Cupler against the Secretary of Health, Education and Welfare under Section 205(g) of the Social Security Act (42 U.S.C.A. Section 405(g)) for judicial review of a “final decision” of the Secretary. Defendant had allowed the plaintiff’s claim for mother’s insurance benefits under Section 202(g) (1) of the Social Security Act (42 U.S.C.A. Section 402(g) (1)) based on the earnings record of Ralph E. Scurfield, deceased insured individual. The claim was thereafter disallowed because plaintiff had failed to establish that…