Opinion

Thompson v. Social Security Board

  • 154 F.2d 204
  • 81 U.S. App. D.C. 27
  • 1946 U.S. App. LEXIS 2032
Court
Court of Appeals for the D.C. Circuit
Filed
Mar 18, 1946
Status
Published
On the bench
Edgerton, Wilbur K. Miller and Prettyman, Associate Justices
Cited by
19 cases
Authority
More cited than 99.5%

The opinion

PER CURIAM.

Appellant sued in the District Court to review a decision of the Social Security Board. This appeal is from a summary judgment for the Board.

Appellant had filed with the Board a claim to insurance benefits as the widow of a wage-earner. The Board had found, on conflicting evidence, that appellant was not “living with” the wage-earner at the time of his death and therefore was not entitled to benefits. 53 Stat. 1365 , § 202(e) (1), 42 U.S.C.A. § 402 (e) (1), 53 Stat. 1378 , § 209(n), 42 U.S.C.A. § 409 (n). The Board filed in the District Court a certified copy of the record, including the evidence on which the Board’s findings and judgment were based. The proceedings before the court were a review of that record, not a trial de novo. Since the evidence in support of the Board’s findings of fact was substantial, those findings were conclusive. 53 Stat. 1370 , § 205(g), 42 U.S. C. A. § 405(g). The District Court was therefore right in entering summary judgment.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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