Thompson v. Social Security Board

154 F.2d 204, 81 U.S. App. D.C. 27, 1946 U.S. App. LEXIS 2032

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.