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AYUSO-MORALES v. SECRETARY OF HEALTH, ETC.

No. 81-1357.

677 F.2d 146 (1982)

Esther AYUSO-MORALES, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 30, 1982.

Attorney(s) appearing for the Case

Vicente Perez Diaz, San Juan, P. R., on brief for plaintiff, appellant.

Raymond L. Acosta, U. S. Atty., San Juan, P. R., and Tamar K. Klein, Asst. Regional Atty., Dept. of Health and Human Services, Brooklyn, N. Y., on brief for defendant, appellee.

Before COFFIN, Chief Judge, and CAMPBELL and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Appellant Esther Ayuso Morales sought Social Security disability benefits based upon her status as the "widow" of the insured employee Honorio Montanez Figueroa. Under 42 U.S.C. § 416(c)1 to qualify as a "widow" a woman must have been married for at least nine months at the time of her husband's death. Appellant's marriage took place within the nine-month period. Benefits were denied.

On appeal, she...

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