Mary SHAW, Plaintiff-Appellee, v. Richard S. SCHWEIKER, Secretary of Department of Health and Human Services, Defendant-Appellant

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

This is an appeal by the Secretary of Health and Human Services from a judgment of District Judge Patricia J. Boyle in the United States District Court for the Eastern District of Michigan awarding plaintiff Shaw Social Security widow’s insurance benefits as a result of the demise of her husband. Mr. Shaw died in November 1972 at a time when he was fully insured. Mrs. Shaw is now 62 years old. Without representation she applied for widow’s benefits in 1974.

The Administrative Law Judge and the Appeals Council denied benefits. On appeal to the District…