Bernice Bennett v. Louis W. Sullivan, Secretary of Health and Human Services, Gray Panthers Advocacy Committee, Older Womens League, Amici Curiae

DONALD RUSSELL, Circuit Judge:

In this case, we consider the effect of the recent Supreme Court case of Sullivan v. Zebley, — U.S. -, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990), on the Secretary of Health and Human Services’ (the “Secretary”) regulations regarding disability benefits for widows. Under the Social Security Act (42 U.S.C. §§ 1381 et seq.), widows 1 are entitled to such benefits if their disability prevents them from engaging in “any gainful activity.” 42 U.S.C. § 423(d)(2)(B). In order to test the disability of a widow, the Secretary matches the widow’s maladies against a list of…