Legal Opinion

Lucille Smith v. Margaret M. Heckler, Secretary of Health and Human Services

Court of Appeals for the Eleventh Circuit

Decided June 23, 1983No. 82-5386PublishedCited by 41 opinions

1Opinion of the Court

ALBERT J. HENDERSON, Circuit Judge:

The appellant, Lucille Smith, applied for Social Security widow’s insurance benefits pursuant to the provisions of 42 U.S.C. § 402(e)(1) (1976). 1 2 The Secretary of Health and Human Services (Secretary) denied her claim on the ground that she was not legally the deceased wage earner’s wife because she had not dissolved a previous common law marriage. She then sought judicial review 2 in the United States District Court for the Middle District of Florida, Orlando Division, which upheld the Secretary’s decision. Finding that the Secretary and the district…

2Cases cited16 opinions

  1. William P. Wiggins v. Richard S. Schweiker, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1982
  2. William M. Smallwood v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1982
  3. Tartt v. NegusSupreme Court of Alabama · 1899
  4. White v. HillSupreme Court of Alabama · 1912
  5. Prince v. EdwardsSupreme Court of Alabama · 1912

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3Cited by41 opinions

  1. Glen W. WILLIAMS, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1988
  2. Ted Martin v. Louis W. Sullivan, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1990
  3. Marie McDaniel v. Otis R. Bowen , Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1986
  4. George WASHINGTON, Jr., Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1994
  5. Mamie L. JAMISON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1987

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