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SOUSA v. CALLAHAN

No. 96-17256.

143 F.3d 1240 (1998)

Dennis SOUSA, Surviving Spouse of Anna M. Sousa, Deceased, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1998.

Attorney(s) appearing for the Case

James L. Bianchi, Benicia, California, for the appellant.

Jeffrey H. Baird, Assistant Regional Counsel, San Francisco, California, for the appellee.

Before: FLETCHER and T.G. NELSON, Circuit Judges, and WHALEY, District Judge.

T.G. NELSON, Circuit Judge:

Plaintiff Dennis Sousa appeals the district court's order granting summary judgment to defendant Commissioner of Social Security ("Commissioner") and dismissing his deceased spouse's claim for disability insurance benefits under Title II of the Social Security Act. The district court dismissed Sousa's claims because it found that his spouse was ineligible to receive benefits under 42 U.S.C. &...

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