Allene L. DRIVER, Plaintiff/Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant/Appellee
Opinion
Opinion
Boocheyer, J.
Aliene Driver (“Appellant”) appeals from the district court’s summary judgment in favor of the Secretary of Health and Human Services (“Secretary”). We have jurisdiction pursuant to 28 U.S.C. § 1291 (1982). The issue is whether there is substantial evidence to support the Secretary’s determination that appellant is not entitled to mother’s insurance benefits under the Social Security Act because she did not meet the requirements for entitlement during the effective retroactive period prior to filing her application, and whether the Secretary applied proper legal standards. We affirm.
Facts
The facts are not in dispute. Aliene Driver claims entitlement to mother’s survivor insurance benefits under section 202(g) of the Social Security Act, 42 U.S.C. § 402 (g) (1982), on account of her deceased husband, Clarence Driver. The appellant and decedent wage earner had two children: a daughter born in 1956 and a son in 1958.
Appellant’s husband’s plane crashed while he was employed as a pilot for Air America, Inc., (a U.S. Government contractor) on March 7, 1973 in Laos. The wreckage of decedent’s plane was located on March 14, 1973, but no survivors or bodies were found. On February…