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MILLER v. RICHARDSON

No. 71-1294.

457 F.2d 378 (1972)

Edythe D. MILLER, Appellant, v. Elliott RICHARDSON, Secretary of Health, Education and Welfare.

United States Court of Appeals, Third Circuit.

Decided March 10, 1972.

Attorney(s) appearing for the Case

Tom M. Lytton, Pittsburgh, Pa., for appellant.

Richard L. Thornburgh, U.S. Atty., David M. Curry, Pittsburgh, Pa., for appellee.

Before ADAMS, GIBBONS, and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The sole issue on this appeal is whether, taking the record as a whole, there was substantial evidence to support the finding of the Department of Health, Education and Welfare (HEW) that Edythe D. Miller's husband could not be presumed dead.

Plaintiff-appellant, Edythe D. Miller, began a proceeding before HEW to collect widow's insurance benefits under 42 U.S.C. § 402(e). The hearing examiner denied her request...

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