Mildred AUSTIN, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellee

JERRY E. SMITH, Circuit Judge:

I

A

Mildred Austin’s husband died on October 6, 1968. On August 3, 1977, she married Sam Chancier, but kept the Austin name. When Austin turned sixty on June 6, 1980, she had separated from Chancier and moved to Tyler, Texas. At that time, she apparently intended to obtain a divorce from Chancier.

Austin applied for widow’s benefits on September 5, 1980, at the Tyler social security office. 1 She told the claims officer that she had remarried but was separated and intended to seek a divorce. Austin testified that the claims officer filled out the application form…