O'Brien v. Flemming

FEIKENS, District Judge.

On April 1, 1948, Margaret O’Brien made application for wife’s insurance benefits to the Social Security Administration of the Department of Health, Education and Welfare. She was informed on July 28, 1948, that since she was not “living with” her spouse, she was not entitled to benefits based on his account.

*76On March 24, 1950, Frank J. O’Brien, her husband, the wage earner, died. So on April 28, 1950, Margaret O’Brien filed an application for benefits and for lump sum payment which latter amount she was awarded by reason of equitable entitlement since she had paid the…