Acuna v. Sullivan

MEMORANDUM OPINION AND ORDER

GEORGE HOWARD, Jr., District Judge.

Plaintiff brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health and Human Services denying her claim for wife’s benefits under sections 202(b)(1) and 216(b)(1) of Title II of the Act, 42 U.S.C. §§ 402(b)(1) and 416(b)(1). Both parties have moved for summary judgment.

The facts are not in dispute. Plaintiff filed an application for wife’s insurance benefits on September 24, 1987, on the record of Pete Acuna (or wage earner), who became…