Apolonia Cruz v. John W. Gardner, Secretary of Health, Education and Welfare

HASTINGS, Chief Judge.

Apolonia Cruz commenced this action in the United States District Court for the Eastern District of Wisconsin, on behalf of five illegitimate children of the wage earner Silverio Baez, against the Secretary of Health, Education and Welfare pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g). She sought thereby to obtain judicial review of a final decision of the Secretary denying plaintiff’s application for child’s insurance benefits under Section 202(d) of the Act, 42 U.S.C.A. § 402(d).

The Secretary had denied the application upon finding that…