Carter v. Califano

OPINION

DIAMOND, District Judge.

This action was filed under 42 U.S.C. § 405(g) seeking review of a final decision by the Secretary of Health, Education, and Welfare (Secretary) which determined that plaintiff is not the “widow” of one Ray Carter, deceased, within the meaning of 42 U.S.C. § 416(h)(1) and, therefore, is not entitled to widow’s social security insurance benefits under 42 U.S.C. § 402(e). Under consideration is the Secretary’s motion for summary judgment which, for the reasons set forth below, will be granted.

The insured, Ray Carter, married Julia Carter in 1915 in the state of…