COY v. FOLSOM

No. 11597.

228 F.2d 276 (1955)

Dora COY, Executrix of the Estate of Frank M. Coy, Deceased, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare.

United States Court of Appeals Third Circuit.

Decided December 12, 1955.


Attorney(s) appearing for the Case

Walter M. Newman, Pittsburgh, Pa. (Walker & Newman, Pittsburgh, Pa., on the brief), for appellant.

Lionel Kestenbaum, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., John W. McIlvaine, U. S. Atty., Pittsburgh, Pa., Melvin Richter, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS and GOODRICH, Circuit Judges.


BIGGS, Chief Judge.

Frank M. Coy, who died on December 11, 1952 at the age of 78, had been a fully insured wage earner under the Social Security Act, 42 U.S.C.A. § 301 et seq.; but during his lifetime no application for old-age benefits, for which he became eligible at the age of 75, was made by him. For some eighteen months before his death, Coy suffered severely from arteriosclerosis, was confined to a nursing home and was not mentally competent or able to...

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