THOMPSON
v.
SOCIAL SECURITY BOARD

D.C. Cir. | 1946-03-18
No. 9099
154 F.2d 204 United States Court of Appeals for the District of Columbia (1946) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

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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