Schroeder v. Hobby
| Decision Date | 19 May 1955 |
| Docket Number | No. 5055.,5055. |
| Citation | 222 F.2d 713 |
| Parties | Carrie R. SCHROEDER, Appellant, v. Oveta Culp HOBBY, Federal Security Administrator, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Margaret K. Dailey, Albuquerque, New Mexico, for appellant.
William W. Ross, Atty., Dept. of Justice, Washington, D. C. (Asst. Atty. Gen., Warren E. Burger, Paul F. Larrazola, U. S. Atty., Albuquerque, New Mexico, and Melvin Richter, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee.
Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.
The appeal in this case presents the question whether Carrie R. Schroeder is entitled to mother's insurance benefits under section 202(g) of the Social Security Act, as amended, 64 Stat. 477, 485, 42 U.S.C.A. § 402(g), which provides in presently pertinent part that every former wife divorced of an individual who died a fully or currently insured individual after 1939, if such former wife divorced (1) has not remarried, (2) is not entitled to widow's insurance benefit, (3) is not entitled to old-age insurance benefits, (4) has filed application for mother's insurance benefits, (5) at the time of filing such application has in her care a child of such individual entitled to a child's insurance benefit, and (6) in the case of a former wife divorced was receiving from such individual — pursuant to court order — at least one-half of her support at his death, shall be entitled to mother's insurance benefits as therein specified.
Carl H. Schroeder and Carrie R. Schroeder were husband and wife. They had one child, a daughter born in 1935. Carrie R. Schroeder instituted in the state court in New Mexico an action for divorce. In July, 1950, a final decree was entered in the case. At the time of the entry of such decree, property representing accumulation of the marriage consisted of a residence in Albuquerque, New Mexico, household furnishings in the residence, two insurance policies covering the life of the husband, and an automobile. One of the insurance policies was paid-up, and premiums were being paid on the other. Carrie R. Schroeder was named as one of the beneficiaries in both policies. The decree provided among other things that plaintiff be granted a divorce; that she be awarded the sole custody of the minor child; that the defendant should pay to plaintiff $100 per month as support for the child; that the defendant should continue to pay the premiums on the nonpaid-up insurance policy; and that the residence and household furnishings therein be set aside and granted to plaintiff as her sole and separate property in lieu of alimony. Title to the residential property and furnishings therein vested in Carrie R. Schroeder, and she and the daughter continued to reside there. Carl H. Schroeder died in January, 1951. Intermediate the entry of the decree of divorce and his death, he made to Carrie R. Schroeder five monthly payments of $100 each for the support of the daughter. The sixth payment came due a few days prior to his death, but it was not paid. After entry of the divorce decree, Carl H. Schroeder did not make any contribution to Carrie R. Schroeder for her own support. At the time of his death, Carl H. Schroeder was a fully insured wage earner within the meaning of the Social Security Act. Carrie R. Schroeder applied for monthly mother's insurance benefits under section 202(g) of the Act, as amended. The Bureau of Old Age and Survivor's Insurance Social Security Administration denied the claim. Carrie R. Schroeder sought a hearing. A referee of the Social Security Administration conducted the hearing and later found that the applicant was not entitled to mother's insurance benefits. The Appeals Council affirmed. Carrie R. Schroeder then instituted this proceeding for review of the denial of her application or claim. After a hearing, the court referred the proceeding back to the Social Security Administration to take additional evidence relating to the question whether plaintiff's use and income derived from the community property which she received as her sole and separate property pursuant to the terms of the decree of divorce amounted to at least one-half of her support during the period in question. On remand, a referee of the Social Security Administration took additional evidence. After reviewing the record, the Appeals Council found that the use and income...
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...F.Supp. 1365 (M.D.Fla.) (1972), and narrow technicalities or a narrow and legalistic interpretation are to be avoided, Schroeder v. Hobby, 222 F.2d 713 (10th Cir.) (1955), as not in furtherance of the intent of Congress and the remedial and beneficent purposes for which the Act was enacted.......
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