Pascucci v. Bowen

NICKERSON, District Judge.

Plaintiff Thelma Pascucci brought this action under 42 U.S.C. § 405(g) to review a final determination of defendant denying *1003plaintiff’s application for wife’s insurance benefits.

Under 42 U.S.C. § 402(b)(1) a “wife” of an individual entitled to old-age insurance benefits is herself entitled to apply for benefits. Under 42 U.S.C. § 416(h)(1)(A) an applicant is the “wife” of the individual if the courts of the state of the insured individual’s domicile would find that the applicant and the individual “were validly married” at the time of the application. The government…