Scalzi v. Folsom

• Decision Date: 13 November 1957
• Docket Number: Civ. A. No. 2023.
• Citation: 156 F. Supp. 838
• Parties: Santina SCALZI et al., Plaintiffs, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Defendant.
• Court: U.S. District Court — District of Rhode Island

156 F. Supp. 838

Santina SCALZI et al., Plaintiffs, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Defendant.

Civ. A. No. 2023.

United States District Court D. Rhode Island.

November 13, 1957.

John DiLibero, Providence, R. I., for plaintiffs.

Joseph Mainelli, U. S. Atty., Arnold Williamson, Jr., Asst. U. S. Atty., Providence, R. I., for defendant.

DAY, District Judge.

Plaintiffs in this action, brought under the provisions of Title 42 U.S.C.A. § 405 (g), seek a judicial review of the final decision of the defendant denying them insurance benefits under the Social Security Act.

The plaintiff, Santina Scalzi, applied for mother's insurance benefits on her own behalf and for child's insurance benefits for Pierina Scalzi, a minor, as the alleged widow and child, respectively, of Peter Scalzi, who died fully insured on August 16, 1955, domiciled in the State of Rhode Island.

To entitle the plaintiffs to the benefits which they sought, the burden rested upon them to establish that they are the widow and child, respectively, of the wage earner as defined in said Act, Title 42 U.S.C.A. § 416(h) (1) which reads as follows:

"In determining whether an applicant is the wife, husband, widow, widower, child, or parent of a fully insured or currently insured individual for purposes of this sub-chapter, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a wife, husband, widow, widower, child, or parent shall be deemed such."

The evidence adduced at the hearing before the Referee, whose findings and conclusions became those of the defendant, may be briefly summarized as follows: the wage earner was married to one Maria on November 17, 1913, and the plaintiff Santina to one Giuseppe Campagnone in July 1920; sometime prior to 1937 the wage earner separated from Maria and about February 1937 went to live with Santina who had separated from her husband but who was still married to him; on January 6, 1938, Santina obtained a final decree of divorce from Campagnone but the wage earner did not obtain a final decree of divorce from Maria until December 31, 1947; the wage earner and Santina lived continuously together from February 1947 until his death and the plaintiff Pierina was born of this relationship on June 1, 1942.

On January 1, 1948, a large gathering of friends, relatives and immediate members of the family took place at the home of Santina; at this gathering Santina testified that the wage earner presented her with a watch, stated that she was his wife and "that he hoped they could marry"; some neighbors considered them to be husband and wife and that the decedent had often referred to the plaintiff Santina as his wife; a son of Santina by her marriage to Campagnone was reported as missing in action in February 1943 while on duty with the United States Navy; insurance benefits on account of his death were paid to her but that she was advised to deposit the money in a bank since she might be called upon to return it; in 1946 she purchased a home in Providence, Rhode Island, with these funds, taking title in her own name, using her former husband's surname rather than that of the wage earner; that concerning this transaction she testified "I wanted to marry Mr. Scalzi and he wanted to marry me but we did not do so as I did not want the property in the name of Campagnone to be changed to Scalzi. His children caused a great deal of trouble in money matters and I did not want them to have any interest in my property"; that on June 16, 1955, the wage earner in a claim filed with the Veteran's Administration stated that he was unmarried and later, on July 11, 1955, shortly before his death, he filed an application for old age benefits wherein he indicated that he was not married; that in his will he made no provision for the plaintiff Santina and left his entire estate to the plaintiff Pierina, and in the event of her death before she attained her majority to the children by his marriage to Maria; and that Santina and the wage earner lived continuously together until his death.

Plaintiffs in their application for benefits and at the hearing...