White v. Schweiker

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The Secretary of Health and Human Services appeals from the district court’s grant of summary judgment and order awarding widow’s insurance benefits to the plaintiff, Blanche White. Although the equities in this case are compelling, Dwyer v. Califano, 636 F.2d 908 (3d Cir.1980), requires that we reverse.

I

On October 18, 1947 Blanche White married Edward J. White in Philadelphia, Pennsylvania. They lived together for over thirty-one years until he died on November 2, 1978. On November 22, 1978 Blanche White applied and later received widow’s insurance…