SSR 66-15c: SECTION 202(h). -- PARENT'S INSURANCE BENEFITS -- SUPPORT REQUIREMENT

20 CFR 404.350 and 404.720

SSR 66-15c

JONES v. CELEBREZZE , U.S.D.C., E.D. Ky., Civ. No. 493

(7/30/65) (CCH U.I.R. Fed. Vol. 1A, Par. 14,200)

H. CHURCH FORD, District Judge:

By this action, the plaintiff, Judy Jones, invokes the jurisdiction of

the Court under and pursuant to § 205(g) of the Social Security Act, 42

U.S.C.A., § 405(g), seeking that the Court set aside the order of the

Appeals Council of June 9, 1964, by which the decision of Hearing Examiner

* * * of January 22, 1964, was reversed and plaintiff's claim to parental

insurance under § 202(h) of the Act, 42 US.C.A., § 402(h) was denied.

The issues for determination are (1) Whether, at the time of and during

the year preceding the death of her natural son, Ernest Jones, on March

17, 1962, plaintiff was receiving at least one-half of her support from

him; * * *

Section 202(h) of the Act, 42 U.S.C.A., § 402(h), as amended, provides in

relevant part as follows:

It is admitted by the parties that plaintiff's son, Ernest Jones, who

died on March 27, 1962, was a fully insured individual under the Social

Security Act. Plaintiff filed her application for parent's insurance

benefits on October 16, 1962, asserting that at the time of and during the

year preceding his death she was receiving from her son at least one-half

of her support.

Initially, plaintiff's claim was disallowed on the basis that she was not

receiving at least one-half of her support from the wage earner at the

time of his death. Plaintiff then requested a hearing before the Hearing

Examiner on the question of her entitlement to the social security

benefits. Upon the hearing by Hearing Examiner * * *, the Examiner entered

a decision holding that plaintiff was entitled to parent's insurance

benefits under § 202(h)(1) of the Social Security Act, as amended, 42

U.S.C.A., § 402(h)(1), as amended.

time of his death. Plaintiff then requested a hearing before the Hearing

Examiner on the question of her entitlement to the social security

benefits. Upon the hearing by Hearing Examiner * * *, the Examiner entered

a decision holding that plaintiff was entitled to parent's insurance

benefits under § 202(h)(1) of the Social Security Act, as amended, 42

U.S.C.A., § 402(h)(1), as amended.

Upon its own motion, the Appeals Council reviewed and reversed the

Hearing Examiner's decision on June 9, 1964, and the decision of the

Appeals Council is the final decision of the defendant, Secretary of

Health, Education and Welfare, to reverse which the plaintiff is

maintaining this action.

In reversing the decision of the Hearing Examiner, the Appeals Council

said:

* * * * * * *

I am of the opinion that the above decision of the Appeals Council, which

became the final decision of the defendant, Secretary of Health, Education

and Welfare, is supported by substantial evidence and is conclusive under

the provisions of § 305(g) of the Act, 42 U.S.C.A., § 405(g), pursuant to

which the action is maintained. Domanski v. Celebrezze , 323 F.2d

882, C.A.6; Adkins v. Celebrezze , 330 F.2d 704, C.A.6; Charlie

Hall v. Celebrezze , 340 F.2d 608, C.A.6; Monie King v.

Celebrezze , 341 F.2d 108, C.A.6. Also see Wyatt v. Ribicoff ,

211 F.Supp. 928, and Baetich v. Hobby , 212 F.2d 480, certiorari

denied, 348 U.S. 831.

For the reasons indicated, the decision of the Appeals Council should be

affirmed and this action should be dismissed. An order will be entered in

conformity herewith.