Zugg v. Folsom, Civ. No. 1735.
| Decision Date | 17 May 1956 |
| Docket Number | Civ. No. 1735. |
| Citation | 140 F. Supp. 806 |
| Parties | Margaret ZUGG, as the natural mother and next friend of Rose M. Mingear, Margaret M. Mingear and Patsy Mingear v. Marion FOLSOM, Secretary of Department of Health, Education and Welfare. |
| Court | U.S. District Court — Northern District of Indiana |
Travis & Tinkham, Hammond, Ind., by Palmer Singleton, Jr., for plaintiff.
Edmund A. Schroer, Asst. U. S. Atty., Hammond, Ind., for defendant.
This is a proceeding pursuant to 42 U.S.C.A. § 405(g) to review a decision of the referee, standing as the final administrative decision of the defendant after denial of request for review by the Appeals Council.
The issues are formed by a petition for review and answer containing a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based.
By agreement of the parties, this cause was submitted to the court on the pleadings and the transcript of the record and it is the judgment of this court affirming, modifying, or reversing the decision of the referee, standing as the final administrative decision of the defendant, with or without remanding the cause for rehearing, which is now solicited.
As the findings of fact and conclusions of law will appear in this opinion it will be filed and will serve as such.
It is the contention of the petitioner that the referee's finding to the effect that the wage earner's failure to contribute in October and November, 1953, was due to the responsibilities assumed to another person is not supported by substantial evidence and the referee's decision is contrary to law because it fails to find that the stepfather, with whom the children were living, was furnishing more than one-half of their support and because the referee failed to consider the support rendered by the decedent wage earner during the entire period of the claimant's remarriage but limited the question of such support exclusively to the period immediately prior to his death.
The referee found that the decedent wage earner was making regular and substantial contributions to the support of the children up to some time in September, 1953, but that these contributions lapsed from then until his death on November 17, 1953; that the discontinuance of support was not due to inability to pay or any other circumstance beyond the wage earner's control but to the fact that he shouldered the expense of supporting another person, that...
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Tucker v. Celebrezze
...back for some period before death and adding up the contributions and expenses. See Baetich v. Hobby, 2 Cir., 212 F.2d 480; Zugg v. Folsom, D.C., 140 F.Supp. 806; Mocogni on Behalf of Lyons v. Hobby, D.C., 126 F.Supp. 472; Spencer v. Flemming, D.C., 188 F.Supp. 517; Dowell v. Folsom, D. C.,......
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Hupp v. Celebrezze
...if the child was being supported at the time of the death of the wage earner. Baetrich v. Hobby, 212 F.2d 480 (2nd Cir.); Zugg v. Folsom, D.C., 140 F.Supp. 806; Mocogni on Behalf of Lyons v. Hobby, D.C., 126 F.Supp. 472; Spencer v. Flemming, D.C., 188 F.Supp. 517; Dowell v. Folsom, D.C., 15......
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Dowell v. Folsom
...instances has been expressly disapproved. Stephens v. Federal Security Administrator, supra; Mocogni v. Hobby, supra; Zugg v. Folsom, N.D.Ind.1956, 140 F. Supp. 806; Baetich v. Hobby, 2 Cir., 1954, 212 F.2d Clearly the act provides for a "time of death" test in determining whether the child......