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Widow(er)'s Benefits

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Westlaw Citation Ayuso-Morales V. Sec'y HHS

Widow did not qualify for widow's Social Security benefits where she cohabitated for 20-years with her future husband in jurisdiction not recognizing "common law marriages" and married husband less than nine months before his death. Widow's status, under Puerto Rican law, as "concubine" for purpose of disposition of intestate property did not qualify her as "widow" entitled to receive Social Security benefits.

1/1/1982
Westlaw Citation Cassas V. Sec'y HHS

Regulations provide that in order to receive widow(er)s benefits, impairments must meet or equal a listing, and that age, education and work experience are not to be considered in disability determination. Court holds that residual functional capacity cannot be ignored in considering medical equivalence to a listing in widow(er)s cases.

1/1/1990
Westlaw Citation Garcia V. Sec'y HHS

Unmarried 2nd wife is not entitled to benefits as a "deemed" widow where wage earner did not divorce his first wife.

1/1/1985
Westlaw Citation Rodriguez V. Sec'y HHS

Court must uphold the Secretary's findings if a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support his conclusion.

1/1/1981
Westlaw Citation Rodriquez V. Sec'y HHS

Court consider the medical opinion given by one or more physicians designated by the Secretary in deciding medical equivalence. Disability finding for widow's benefits requires meeting or medical equivalence to a listed impairment. It is for the Secretary, not the court, to resolve conflicts in the evidence. The weight to which opinions of medical advisors are entitled will vary with the circumstances, including the nature of the illness and the information provided the expert. Obviously, the fact that the experts have neither examined nor testified lessens the probative power of their reports.

1/1/1981


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