Clara M. GORDON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Defendant-Appellee

CORRECTED OPINION

CLARK, Circuit Judge:

The Appellant, Clara M. Gordon, seeks survivors insurance benefit payments as the “deemed” widow of Eugene Gordon pursuant to 42 U.S.C. §§ 402(e) and 416(h)(1)(B). The Secretary of Health and Human Services (“Secretary”) denied the application, and the district court affirmed that decision upon the recommendation of the magistrate. Because the district court failed to apply the second holding of Woodson v. Schweiker, 656 F.2d 1169 (5th Cir.1981),1 which controls our decision in this case, we reverse.

Clara married Eugene Gordon on March 27, 1972, in the…