McSweeney v. Celebrezze

HERLANDS, District Judge:

Plaintiff, Della J. Hassett McSweeney, has moved “for an order granting the plaintiff judgment upon the pleadings herein and * * * transcript of the record, pursuant to Section 405(g) Title 42, United States Code * * * ”

The ultimate issue is whether the administrative decision1 — that plaintiff was not the common-law wife of Callaghan L. McSweeney under the substantive law of New York State, and, therefore, not entitled to Widow’s Insurance Benefits — is based upon facts which are supported by substantial evidence and valid conclusions of law in the light of the…