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BURKS v. APFEL

No. 99-1532.

233 F.3d 1220 (2000)

Vergie BURKS, Plaintiff-Appellee, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 20, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:

Peter Komlos-Hrobsky, Colorado Legal Services, Denver, Colorado, for Plaintiff-Appellee.

David W. Ogden, Acting Assistant Attorney General, Washington, D.C., Thomas L. Strickland, United States Attorney, Denver, Colorado, John C. Hoyle, and Anthony A. Yang, Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C.; Deana R. Ertl-Lombardi, Chief Counsel, Region VIII, and Allan D. Berger, Assistant Regional Counsel, Office of General Counsel, Social Security Administration, Denver, Colorado, of Counsel, for Defendant-Appellant.

Before BRORBY, PORFILIO, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

The Commissioner of Social Security appeals the district court's order reversing the decision of the administrative law judge (ALJ), finding that plaintiff Vergie Burks was not entitled to Social Security widow's insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434.1 Contrary to the ALJ, the district court found Vergie to be the putative spouse of the deceased Wesley Burks...

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