Ruby Darlene Bailey v. Joseph A. Califano, Jr., Secretary of the Department of Health, Education and Welfare

HEANEY, Circuit Judge.

Ruby Darlene Bailey, a sixty-two-year-old widow, appeals from a district court judgment affirming a finding by the Secretary of Health, Education and Welfare that she was ineligible for disabled widow’s benefits under 42 U.S.C. §§ 402(e) and 423(d)(2)(B). We hold that Mrs. Bailey is entitled to benefits and reverse. 1

There is no dispute as to the applicable statutes and regulations. To be entitled to benefits, a widow has the burden of proving that her physical and mental impairments “are of a level of severity which under regulations prescribed by the Secretary is…