Farias v. Secretary of Health, Education & Welfare

OPINION

ALDRICH,* Senior Circuit Judge.

The sole question in this case is whether Ana, the hitherto unsuccessful claimant, or Amelia, is the widow of Albert Farias for the purpose of obtaining *481widow’s insurance benefits under section 202(e) of the Social Security Act, as a'mended, 42 U.S.C. § 402(e). Albert married Amelia in New York in 1930. The couple separated in 1940, after which Albert began living with Ana in New York. In 1958 Albert, on what he conceded in a document later filed with the Social Security agency was a two-weeks’ vacation, obtained a divorce in Mexico from Amelia, and there…