GRAY v. GARDNER

Civ. A. No. 66-43.

261 F.Supp. 736 (1966)

Maggie GRAY, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court D. South Carolina, Charleston Division.

December 22, 1966.


Attorney(s) appearing for the Case

Donald A. Fanning, of Dowling, Dowling, Sanders & Dukes, Beaufort, S. C., for plaintiff.

Terrell L. Glenn, U. S. Atty., Columbia, S. C., and Thomas P. Simpson, Asst. U. S. Atty., Charleston, S. C., for defendant.


HEMPHILL, District Judge.

This action involves a claim for parents' insurance benefits under section 202(h) (1) of the Social Security Act, 42 U.S.C.A. § 402(h) (1). Mrs. Gray applied for the benefits as the parent of her deceased son who was insured under the Act at the time of his death.

To qualify for parent's benefits the claimant must show that the deceased child at the time of death was providing to the parent at least one-half of the parent's support...

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