Hayes v. Schweiker

ORDER

VINING, District Judge.

This is an action to review a determination by the Secretary of Health and Human Services that the claimant is not entitled to “surviving divorced wife” benefits under 42 U.S.C. §§ 402(e) and 416(d). The magis*403trate has recommended that the matter be remanded to the Secretary for consideration of the principle of equitable estoppel. For the following reasons, the court declines to adopt the recommendation of the magistrate.

The insured, Ralph Hayes, married Katherine Dawson on April 14, 1934, in Fulton County, Georgia. On September 16, 1946, Katherine Dawson Hayes…