Legal Opinion

Geraldine Johnson v. Joseph A. Califano, Secretary of Health, Education and Welfare

Court of Appeals for the Sixth Circuit

Decided September 4, 1979No. 77-3319PublishedCited by 22 opinions

1Opinion of the Court

JOHN W. PECK, Senior Circuit Judge.

The present appeal requires this Court to interpret the meaning of a “presumption of death,” as that principle applies to the provisions of the Social Security Act. Plaintiff, Geraldine (Ross) Johnson, sought surviving child benefits for her daughter, Kathy M. Ross, pursuant to the provisions of the Social Security Act, 42 U.S.C. § 402(d)(1).1 As a condition to receipt of these benefits, plaintiff was required to establish that Kathy’s father, Danny D. Ross, was dead.2 Because plaintiff could not prove the death of Ross by direct evidence, she relied on the…

2Cases cited9 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Ehlert v. United StatesSupreme Court of the United States · 1971
  4. Northern Indiana Public Service Co. v. Porter County Chapter of Izaak Walton League of America, Inc.Supreme Court of the United States · 1975
  5. Secretary of Health, Education and Welfare of the United States of America v. Lucy MezaCourt of Appeals for the Ninth Circuit · 1966

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Green v. ShalalaCourt of Appeals for the Seventh Circuit · 1995
  2. Charlotte Diane Edwards for Debora A. Long and Clayton D. Long, Plaintiff v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1980
  3. Green v. ShalalaCourt of Appeals for the Seventh Circuit · 1995
  4. Monroig v. Secretary of Health and Human ServicesDistrict Court, D. Puerto Rico · 1982
  5. Rivers v. HecklerDistrict Court, S.D. New York · 1984

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API