Thompson v. Social Security Board

D.C. Circuit

Thompson v. Social Security Board

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

CourtCourt of Appeals for the D.C. Circuit

DecidedMarch 18, 1946

Docket9099

StatusPublished

Cited by20 cases

This text of 154 F.2d 204 (Thompson v. Social Security Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. Social Security Board, 154 F.2d 204, 81 U.S. App. D.C. 27, 1946 U.S. App. LEXIS 2032 (D.C. Cir. 1946).

Pincite

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.

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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.

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Bluebook (online)

154 F.2d 204, 81 U.S. App. D.C. 27, 1946 U.S. App. LEXIS 2032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-social-security-board-cadc-1946.

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