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YOUNT v. WEINBERGER

May 17, 1974

Elizabeth YOUNT, Plaintiff,
v.
Casper W. WEINBERGER, Secretary, Department of Health, Education and Welfare, Defendant


McCune, District Judge.


The opinion of the court was delivered by: MCCUNE

MCCUNE, District Judge.

The only issue before the court in this appeal from a decision of the Social Security Administration is whether the plaintiff ("claimant") was the "parent" of the deceased wage earner, Norman Yount, for purposes of § 202(h) (3) of the Social Security Act, 42 U.S.C. § 402(h) (3). *fn1"

 We find that she was not. We will, therefore, grant the Secretary's motion that we enter a summary judgment in his favor.

 The plaintiff has filed suit *fn2" in an attempt to obtain parent's benefits as provided by § 202(h) (1) of the Act, 42 U.S.C. § 402(h) (1).

 To receive parent's benefits under § 402(h) (1) a claimant must prove four elements:

 1. The wage earner died fully insured;

 2. The claimant is at least 62 years of age;

 3. The claimant was receiving at least half her support from the wage earner; and

 4. The claimant qualifies as the "parent" of the wage earner under the law.

 The parties agree that the claimant has established the first three of these elements. It is the fourth element which is in dispute.

 The Act defines "parent" in § 216(h) (2), 42 U.S.C. § 416(h) (2), as follows: *fn3"

 The legal question before the court is whether the claimant is the decedent's "parent" under the Pennsylvania Intestate Act of 1947, 20 P.S. § 1.3 et seq. *fn4" If she is then she is a "parent" for purposes of the Social Security Act and is entitled to parent's benefits.

 There is no dispute about the mutual affection between Norman Yount and his "mother." The administrative record contains evidence which clearly establishes the depth and mutual warmth of the relationship. The record on this ...


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