Bernice R. Smith v. Robert H. Finch, Secretary of Health, Education and Welfare, and Lena M. Smith

Fourth Circuit

Bernice R. Smith v. Robert H. Finch, Secretary of Health, Education and Welfare, and Lena M. Smith

426 F.2d 814, 1970 U.S. App. LEXIS 9151

Court of Appeals for the Fourth Circuit·Decided May 19, 1970·No. 14167·Published·Cited by 1 cases

Opinion

PER CURIAM:

In this appeal we find oral argument unnecessary and summarily affirm the judgment of the district court. The Secretary’s finding that the claimant was not the widow of the deceased, and, therefore, not entitled to Social Security Widows benefits, is amply supported by the record. 1 Cain v. Secretary, 377 F.2d 55 (4 Cir. 1967).

Affirmed.

1

. Although it would appear that the finding that the adverse party Lena Smith is the widow of Melvin Smith is equally well supported, that issue is not before us. Since the claimant must establish her own eligibility for benefits, it is irrelevant whether she can show, on grounds independent of those on which she claims eligibility, the ineligibility of another party.

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PER CURIAM:

In this appeal we find oral argument unnecessary and summarily affirm the judgment of the district court. The Secretary’s finding that the claimant was not the widow of the deceased, and, therefore, not entitled to Social Security Widows benefits, is amply supported by the record. 1 Cain v. Secretary, 377 F.2d 55 (4 Cir. 1967).

Affirmed.

1

. Although it would appear that the finding that the adverse party Lena Smith is the widow of Melvin Smith is equally well supported, that issue is not before us. Since the claimant must establish her own eligibility for benefits, it is irrelevant whether she can show, on grounds independent of those on which she claims eligibility, the ineligibility of another party.

Bernice R. Smith v. Robert H. Finch, Secretary of Health, Education and Welfare, and Lena M. Smith, 426 F.2d 814, 1970 U.S. App. LEXIS 9151 (4th Cir. 1970).

Pincite

426 F.2d 814 (Bernice R. Smith v. Robert H. Finch, Secretary of Health, Education and Welfare, and Lena M. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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