BENNETT v. SULLIVAN

No. 89-1748.

917 F.2d 157 (1990)

Bernice BENNETT, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee, Gray Panthers Advocacy Committee, Older Womens League, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1990.

As Amended November 6, 1990.


Attorney(s) appearing for the Case

Leah Jane Seaton, Legal Aid Bureau, Inc., Baltimore, Md., argued (Mary D. Oldewurtel, Legal Aid Bureau, Inc., Baltimore, Md., Stephanie Edelstein, Legal Aid Bureau, Inc., Riverdale, Md., on the brief), for plaintiff-appellant.

Jennifer Hay Zacks, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Breckinridge L. Willcox, U.S. Atty., Baltimore, Md., on the brief), for defendant-appellee.

Gill Deford, Sharlene Deskins, Peter Komlos-Hrobsky, Nat. Sr. Law Center, Los Angeles, Cal., Laura Loeb, Older Women's League, Washington, D.C., for amici curaie.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

In this case, we consider the effect of the recent Supreme Court case of Sullivan v. Zebley, 493 U.S. 521, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990), on the Secretary of Health and Human Services' (the "Secretary") regulations regarding disability benefits for widows. Under the Social Security Act (42 U.S.C. §§ 1381 et seq.), widows1 are entitled to such...

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