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U.S. Court of Appeals for the Fourth Circuit, 1970

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

Bernice R. Smith v. Robert H. Finch, Secretary of Health, Education and Welfare, and Lena M. Smith
U.S. Court of Appeals for the Fourth Circuit · Decided May 19, 1970 · Winter, Craven, Butzner
426 F.2d 814; 1970 U.S. App. LEXIS 9151 (Federal Reporter, Second Series)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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