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McEVERS v. SULLIVAN

No. 90-3221.

785 F.Supp. 1321 (1992)

Catherine McEVERS, Plaintiff-Appellant, v. Louis M. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States District Court, C.D. Illinois, Springfield Division.

February 28, 1992.

Attorney(s) appearing for the Case

David Sutterfield, Effingham, Ill., Catherine McEvers, Jacksonville, Ill., for plaintiff-appellant.

James A. Lewis, Asst. U.S. Atty., Springfield, Ill., for defendant-appellee.

OPINION

RICHARD MILLS, District Judge:

Social Security Widow's Benefits.

When is a dead man's wife not his widow?

For social security purposes, it is when she is married to her third husband when her first husband, from whom she was never divorced, dies and she applies for benefits as the widow of her first husband while concealing her marriage to the third husband.

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