Sutherland v. Flemming

LYNNE, Chief Judge.

Suing under Title 42, U.S.C.A., Section 405(g), plaintiff is here seeking to review the Secretary’s decision that the military service of plaintiff’s deceased husband could not be used pursuant to 42 U.S.C.A. § 417 (a) and (e)1 to establish that he *713was either a fully or currently insured individual at the time of his death.

The deceased spent his entire working career in the United States Navy. He was honorably discharged on October 31, 1955, and became entitled to retirement benefits. On November 16, 1955, prior to his receipt of any payments, he was killed in an automobile…