Legal Opinion

James v. Astrue

District Court, D. Massachusetts

Decided October 10, 2007No. Civil Action 06-11818-RGSPublished

1Opinion of the Court

MEMORANDUM AND ORDER ON AN APPEAL OF THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY

RICHARD G. STEARNS, District Judge.

Esmie James, the surviving divorced wife of Nicholas James, brought this appeal after the Social Security Administration (SSA) denied her application for widow’s insurance benefits. The SSA ruled that James did not meet the 10-year duration of marriage requirement of 42 U.S.C. § 416(d)(2). James’s initial application was rejected by the SSA on June 19, 2005, and again on September 28, 2005, after James filed a request for reconsideration. While acknowledging that her…

2Cases cited17 opinions

  1. Bowen v. City of New YorkSupreme Court of the United States · 1986
  2. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  3. Hung NGUYEN, Plaintiff, Appellant, v. Shirley S. CHATER, Defendant, AppelleeCourt of Appeals for the First Circuit · 1999
  4. Brown v. GardnerSupreme Court of the United States · 1994
  5. Victoria MANSO-PIZARRO, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1996

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