Assadourian
Assadourian v. Richardson
Opinion
lead Opinion
Solomon, J.
Plaintiffs are the husband and daughter of deceased claimant, Valentine Assadourian. They bring this action under 42 U.S.C. § 405 (g) to review the final determination of the Secretary of Health, Education and Welfare, who denied claimant supplementary medical insurance benefits under 42 U.S.C. § 1395j.
Claimant registered for social security in August, 1955, and showed that she was born in Rome, Italy, on July 17, 1912, and that her name was Valentine Arnaud. Early in July, 1969, while going through her deceased mother’s effects, she found a baptismal certificate which showed that she was born in Constantinople as Maria Valentine Arnaud on July 17, 1899. In other words, she was not 58 years old, as she had represented in her application, but was 70 years old.
Shortly thereafter, she applied for both retirement benefits and for Medicare under the Social Security Act. She also applied for supplementary medical insurance benefits under the provisions of 42 U.S.C. § 1395j.
Social Security accepted the information in the baptismal certificate as proof of her correct age, and it likewise found that when she registered for Social Se *102 curity she acted in good faith. She…