BAILEY v. CALIFANO

No. 79-1254.

614 F.2d 146 (1980)

Ruby Darlene BAILEY, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 17, 1980.


Attorney(s) appearing for the Case

Linda S. Pettit, Legal Aid Soc. of Polk County, Des Moines, Iowa, for appellant.

Alan M. Grochal, Atty., Social Sec. Division, Baltimore, Md., argued, and Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Roxanne Barton Conlin, U.S. Atty., Kermit B. Anderson, Asst. U.S. Atty., Des Moines, Iowa, on brief, for appellee.

Before LAY, Chief Judge, and HEANEY and HENLEY, Circuit Judges.


HEANEY, Circuit Judge.

Ruby Darlene Bailey, a sixty-two-year-old widow, appeals from a district court judgment affirming a finding by the Secretary of Health, Education and Welfare that she was ineligible for disabled widow's benefits under 42 U.S.C. §§ 402(e) and 423(d)(2)(B). We hold that Mrs. Bailey is entitled to benefits and reverse.1

There is no dispute as to the applicable statutes and regulations. To be entitled...

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