Bertha L. Cairns v. Elliot L. Richardson, Secretary of Health, Education and Welfare

PICKETT, Circuit Judge.

This proceeding was brought pursuant to 42 U.S.C. § 405(g) to review the final decision of the Secretary of Health, Education and Welfare partially denying a claim for resumption of mother’s insurance benefits allowable under 42 U.S.C. § 402(g). The district court reversed the determination of the Secretary and remanded the case with instructions to allow the resumption of benefit payments to petitioner prior to the date theretofore fixed by the Secretary.

The facts are undisputed. Claimant Bertha L. Cairns, based upon the earnings record of her deceased husband, made…