Burks v. Apfel

MURPHY, Circuit Judge.

The Commissioner of Social Security appeals the district court’s order reversing the decision of the administrative law judge (ALJ), finding that plaintiff Vergie Burks was not entitled to Social Security widow’s insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434. 1 Contrary to the ALJ, the district court found Vergie to be the putative spouse of the deceased Wesley Burks under California law, and therefore eligible to receive widow’s benefits. We have jurisdiction pursuant to 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, and we reverse.

I.…