Esther Ayuso-Morales v. Secretary of Health and Human Services

BREYER, Circuit Judge.

Appellant Esther Ayuso Morales sought Social Security disability benefits based upon her status as the “widow” of the insured employee Honorio Montanez Figueroa. Under 42 U.S.C. § 416(c) 1 to qualify as a “widow” a woman must have been married for at least nine months at the time of her husband’s death. Appellant’s marriage took place within the nine-month period. Benefits were denied.

On appeal, she urges that she is nonetheless eligible because she cohabited with her husband for twenty years prior to their marriage. She argues that cohabitation transformed her…