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DAVIDSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 88-1472.

912 F.2d 1246 (1990)

Jeannette DAVIDSON, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 29, 1990.

Attorney(s) appearing for the Case

Marguerite G. Lokey, Asst. Regional Counsel, Office of Gen. Counsel, U.S. Dept. of Health and Human Services, Dallas, Tex. (William L. Lutz, U.S. Atty., Gayla Fuller, Chief Counsel, Region VI, Karen J. Sharp, Principal Regional Counsel, Social Security Disability Litigation Branch, with her on the brief), for defendant-appellant.

Daniel M. Taubman, Colorado Coalition of Legal Services Programs, Denver, Colo. (Gary J. Martone, Albuquerque, N.M., on the brief), for plaintiff-appellee.

Before BRORBY and EBEL, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM.

This appeal presents the issue of whether the regulations established by the Secretary for the federal Department of Health and Human Services (Secretary) to guide evaluation of claims for social security widow's disability benefits are invalid because they do not implement the unambiguous language of the statute that they purport to administer.1 The Secretary denied Mrs. Jeannette Davidson's claim for widow's disability benefits...

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