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BLEW v. RICHARDSON

No. 72-1777.

484 F.2d 889 (1973)

Ada BLEW, Appellee. v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 1973.

Attorney(s) appearing for the Case

Harlington Wood, Jr., Asst. Atty. Gen., Edwin E. Huddleson, III, Atty., Dept. of Justice, Washington, D. C., Donald B. Mackay, U. S. Atty., Springfield, Ill., Max J. Lipkin, Asst. U. S. Atty., Peoria, Ill., for appellant.

H. Reed Doughty, Franklin S. Wallace, Rock Island, Ill., for appellee.

Before SWYGERT, Chief Judge, and FAIRCHILD and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

An unexplained absence of over seven years gives rise to a presumption of death for Social Security purposes.1 The question presented by this appeal is whether an explanation which is found in events preceding the absence may defeat the presumption. The district court, 344 F.Supp. 183, held that the presumption must control unless there is evidence of continued life during the...

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