Davis v. Celebrezze (239 F. Supp. 608, 1965)

CHRISTIE, District Judge.

This is an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education, and Welfare. A decision rendered by a hearing examiner on March 27, 1964, became the final decision of the Secretary on May 14, 1964, when the Appeals Council denied plaintiff’s request for review. The final decision holds that plaintiff is not entitled to child insurance benefits under Section 202(d) of the Social Security Act, 42 U.S.C.A., § 402(d), on the ground that the plaintiff was not, as claimed, the “child” of Aulbra Davis, the wage earner, within the meaning of Sections 216(e) and (h) of the Act, 42 U.S.C.A. § 416(e) and