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

CourtCourt of Appeals for the Fourth Circuit

DecidedMay 19, 1970

Docket14167

StatusPublished

Cited by1 cases

This text of 426 F.2d 814 (Bernice R. Smith v. Robert H. Finch, Secretary of Health, Education and Welfare, and Lena M. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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426 F.2d 814, 1970 U.S. App. LEXIS 9151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernice-r-smith-v-robert-h-finch-secretary-of-health-education-and-ca4-1970.

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