Eleanor SHERRILL, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

This case is before the Court upon appellant’s appeal from an order of the district court that, on cross-motions for summary judgment, affirmed the Secretary’s denial of widow’s insurance benefits under 42 U.S.C. § 402(e) (1982). Upon consideration of the issue presented by this appeal, we reverse the district court’s order.

Appellant, Eleanor Sherrill, filed three applications for widow’s insurance benefits under 42 U.S.C. § 402(e) (1982). All three applications were denied. Sherrill did not seek reconsideration of the first two applications but did seek reconsideration of the third…