Legal Opinion

Day v. Mathews

District Court, N.D. Illinois

Decided December 5, 1975No. 75 C 1124Published

1Opinion of the Court

MEMORANDUM ORDER

MARSHALL, District Judge.

This is an action to review a decision of the Secretary of the Department of Health, Education and Welfare that the plaintiff, Ben Day, was born on February 18, 1910, rather than on November 18, 1909, as he contends. 42 U.S.C. § 405(g) (Supp.1974). The Secretary has moved for summary judgment, and that motion is ready for decision.

On October 2, 1972, the plaintiff filed an application for retirement insurance benefits, in which he claimed that his date of birth was November 18, 1909. The Social Security Administration determined that he was born on…

2Cases cited7 opinions

  1. Fannie Mae Jeralds v. Elliott L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the Seventh Circuit · 1971
  2. Charlie J. Moon v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Seventh Circuit · 1965
  3. William A. Atteberry v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1970
  4. Henry G. Lahr, Administrator of the Estate of Peter Lahr, Deceased v. Elliot L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the Seventh Circuit · 1973
  5. Griffin v. WeinbergerCourt of Appeals for the Fifth Circuit · 1974

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