Warren v. United States

OPINION

MARGOLIS, Judge.

This case is before the Court on defendant’s motion for summary judgment with *554oral argument. Plaintiff, August Warren, as executor of the estate of Mrs. Oatie Smith, is seeking survivor annuity benefits allegedly due Mrs. Smith and retirement annuity benefits allegedly due her deceased husband, Richard D. Smith. Plaintiff claims that due to Mr. Smith’s mental incompetence at the time of his discharge from the former United States Post Office Department, he did not apply for retirement benefits or submit a written designation that his surviving spouse receive, an…