Marion B. Folsom, Secretary of the Department of Health, Education and Welfare v. Gretta N. Pearsall

In October, 1952, appellee began to receive mother’s insurance benefits as she was the unremarried widow of Delbert L. Pearsall, a deceased wage earner, such payments being made according to 42 U.S.C.A. § 402 (g). These payments to her terminated as of June, 1954, because of a marriage that month to one Frank Richard. On November 19, 1954, appellee filed in an appropriate California court a “Complaint for Annulment and/or Divorce” against Richard. Appellee prayed for an annulment or, in the alternative, for an interlocutory decree of divorce. Richard defaulted, and the court issued its decree of annulment on December 9, 1954.

After this decree of annulment appellee requested reinstatement of her mother’s insurance benefits. The Bureau of Old Age and Survivors Insurance, Social Security Administration, refused reinstatement. Appellee then had a hearing before a referee of the Office of the Appeals Council. The decision of this particular hearing was that appellee was not entitled to reinstatement of mother’s insurance benefits as a result of the annulment of the marriage to Richard. Appellee’s request for a review by the Appeals Council of the Referee’s decision was denied, the…