Baber v. Schweiker

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

Plaintiff Ruth Baber (McGee) challenges the Social Security Administration’s denial of her application for survivor’s benefits. 1 Her eligibility for the benefits turns on whether she entered into a common law marriage with Luther McGee, the deceased. The question presented is the validity of the agency’s interpretation of Alabama law in determining whether a common law relationship had been established. The Court finds that the interpretation is flawed and that the factual record developed by the agency compels the conclusion that…