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LEWIS v. BARNHART

No. 01-10851.

285 F.3d 1329 (2002)

Frances J. LEWIS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 19, 2002.

Attorney(s) appearing for the Case

Roger W. Plata, Law Offices of Roger W. Plata & Assoc., P.A., St. Petersburg, FL, for Plaintiff-Appellant.

Mary Ann Sloan, Sharon F. Young, Douglas Wilson, Dennis R. Williams, Jerome Albanese, Office of the Gen. Counsel, SSA, Atlanta, GA, for Defendant-Appellee.

Before BLACK and HULL, Circuit Judges, and HANCOCK, District Judge.

PER CURIAM:

Appellant Frances Lewis filed a claim for widow's insurance benefits under the Social Security Act, 42 U.S.C. § 402(e) (the "Act"). The Act affords benefits to the widow of a fully insured individual if the widow is not remarried, is between 50 and 60 years of age, and is disabled. Appellee Commissioner of Social Security ("Commissioner") denied the claim because Appellant's marriage to her deceased husband fell one day short of the nine-month period...

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