Amalia GARCIA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee

The question in this case is which of two of the decedent wage earner’s five former wives is entitled to mother’s benefits under 42 U.S.C. § 402(g). Claimant went through a marriage ceremony with decedent in 1968 and lived with him until his death in 1978. The problem, however, is that there is a record that decedent had earlier (in 1961) married one Elpidia Espinosa, but there is no record that Elpidia and decedent ever divorced. (Records of decedent’s divorces from his other three wives were found.) Hence, Elpidia claimed she was the decedent’s legal widow, and the Secretary so found.

To…