Marilyn FINKELSTEIN, Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellant

OPINION OP THE COURT

HUTCHINSON, Circuit Judge.

This case comes before us on remand from the Supreme Court, after it reversed our earlier judgment holding that we lacked appellate jurisdiction over the Secretary of Health and Human Services’ (Secretary’s) appeal from a district court order remanding Marilyn Finkelstein's (Finkel-stein’s) claim to the Secretary for reconsideration of his refusal to grant her widows’ benefits under the Social Security Act. See Sullivan v. Finkelstein, — U.S.-, 110 S.Ct. 2658, 110 L.Ed.2d 563 (1990), rev’g Finkelstein v. Bowen, 869 F.2d 215 (3d Cir.1989).…