Litteral v. Celebrezze

SWINFORD, Chief Judge.

Plaintiff seeks review of a decision by the Secretary of Health, Education and Welfare denying her application for widow’s benefits under the Social Security Act (42 U.S.C.A. § 401 et seq.).

The facts are not in dispute and can be simply stated as follows:

Plaintiff married Luster Litteral in 1940 and was divorced from him in 1958. On November 5, 1959 the Circuit Court of Magoffin County entered an order in response to a joint application of plaintiff and Luster Litteral decreeing that the 1958 divorce be annulled and held for naught. Luster Litteral died November 27, 1959…