Hobby v. Burke

BROWN, Circuit Judge.

On evidence, abundant and substantial,1 the Secretary found that, under Georgia standards,2 no valid common law marriage existed between the wage earner, Edward L. Burke (the Insured), and Bertha Montgomery [Burke]; and, applying this, rejected a Mother’s claim, § 202(g) of the Social Security Act, 42 U.S.C.A. § 402(g), by Bertha and a Child’s claim, § 202(d), 42 U.S.C.A. § 402(d) for their illegitimate son, Charles Montgomery Burke. On appeal, § 205(g), 42 U.S.C.A. § 405(g), the district court went down the middle — affirming the denial of the Mother’s claim for want of…