Pursuant to the provisions of the Social Security Act, 42 U.S.C.A. § 301 et seq., Marie A. Emlen filed application with the Bureau of Old-Age and Survivors Insurance of the Social Security Board, for insurance benefits on behalf of her children and herself, as widow of Arthur C. Emlen, who died on January 26, 1941. The Bureau determined that the claimant was not entitled to benefits on the ground that her deceased husband was not an insured individual within the intendment of the Social Security Act.Subsequently, claimant requested a hearing before a referee, who sustained the Bureau; and upon review, the Appeals Council sustained the decision of the referee. Thereafter, claimant, under 42 U.S.C.A. § 405(g), brought action in the district court to review the determination of the Appeals Council, and after a hearing, its decision was reversed and judgment entered in favor of the claimant. From such judgment, the Social Security Board has appealed.
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