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

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)

Counsel

John B. Culbertson, Greenville, S. C„ on the brief for appellant., William D. Ruckelshaus, Asst. Atty. Gen., Joseph 0. Rogers, Jr., U. S. Atty., Kathryn H. Baldwin and Robert M. Feinson, Washington, D. C., on the brief for appellees.

Cases that cite this one

1 later published case cites this decision.

Lucille Steele v. Elliot Richardson, Secretary of Health, Education and Welfare (2d Cir. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

. 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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