Frances E. Moreno, as Guardian for Ernest R. Moreno, Jr., a Minor v. Elliot L. Richardson, Secretary of Health, Education, and Welfare

This action was brought in the District Court under Section 205(g) of the Social Security Act, hereinafter called “the Act” [ 42 U.S.C. § 405 (g)], to review a final decision of the Secretary of Health, Education and Welfare disallowing the plaintiff’s application, on behalf of her son, for child’s survivor’s insurance benefits under Section 202(d) of the Act [ 42 U.S.C. § 402 (d)],

Both plaintiff and defendant moved in the District Court for summary judgment. The plaintiff’s motion was denied and the motion of the defendant was granted.

On September 5, 1967, plaintiff filed an application for surviving child’s insurance benefits on behalf of her son based on the earnings record of the child-claimant’s natural father, Ernest Moreno. The claim was initially denied and denied again after reconsideration upon the ground that the child was not the wage-earner’s “child” under the definitions in the Social Security Act.

Plaintiff requested a hearing. This was held on August 30, 1968, and resulted in pertinent findings by the hearing examiner quoted in the margin. Benefits were denied.

After the District Court action to review the decision was commenced, the parties stipulated that…