Evidence – Presumptions – Continuting Life During Seven-Year Absence

Deceased, a wage earner, disappeared on December 28, 1943, and was unreported for more than seven years. Evidence was conflicting as to whether he had suicidal tendencies. He was adjudged dead in December 1950 by probate court, and plaintiff, as administratrix, filed a claim for monthly social security benefits to which deceased would have been entitled for the period from December 1943 to December 1950. The referee made a finding that deceased died in December 1943. On appeal to the United States District Court from a decision of the Appeals Council of the Federal Security Agency affirming the referee’s finding and dismissing plaintiff’s claim, held, affirmed. Though there may be a presumption that the life of an absentee continues for seven years, there is sufficient circumstantial evidence in this case to overcome the presumption. Nigro v. Hobby, (D.C. Neb. 1954) 120 F. Supp. 16.