Gray v. Gardner

HEMPHILL, District Judge.

This action involves a claim for parents’ insurance benefits under section 202(h) (1) of the Social Security Act, 42 U.S.C.A. § 402(h) (1). Mrs. Gray applied for the benefits as the parent of her deceased son who was insured under the Act at the time of his death.

To qualify for parent’s benefits the claimant must show that the deceased child at the time of death was providing to the parent at least one-half of the parent’s support, 42 U.S.C.A. § 402(h) (B) (i), and that the claimant has filed proof of such support within two years after the date of the child’s death,…