Elms v. Bowen

OPINION AND ORDER

THEIS, District Judge.

This matter comes before the court on the Secretary’s motion to affirm a denial of widow’s benefits under Title II of the Social Security Act. Plaintiff filed a timely appeal pursuant to 42 U.S.C. § 405(g). After carefully reviewing the record, the briefs and the applicable law, the court is prepared to rule.

The proper resolution of this case turns on the question of who is the widow of the deceased, James Elms (James), who died on August 6, 1986. The Secretary must pay widow’s benefits to the decedent’s legal widow. 20 C.F.R. § 404.337(b)(3). The law of…