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SCOTT v. BOWEN

No. 87-2080.

845 F.2d 790 (1988)

Bobbie R. SCOTT, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1988.

Attorney(s) appearing for the Case

Mark D. Hirschfeld, St. Louis, Mo., for plaintiff-appellant.

Sandra Wallace, HHS, Kansas City, Mo., for defendant-appellee.

Before FAGG, Circuit Judge, WRIGHT, Senior Circuit Judge and BOWMAN, Circuit Judge.

EUGENE A. WRIGHT, Senior Circuit Judge.

The Social Security Administration recognizes both legal and "deemed" spouses, widows, and widowers. We have been asked: Does a legal widow's entitlement to disabled widow's benefits divest a deemed widow of her prior entitlement to mother's benefits? We answer: Yes. Affirmed.

BACKGROUND

Appellant Bobbie Scott and Theodore Scott went through a marriage ceremony in March 1963. They had a daughter in February...

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