In re Bird

(SSA Office of Hearings & App. Oct. 28, 1996) ; Clearinghouse Number: 51588

Description

Putative Spouse Who Had No Knowledge That Her Husband Had Failed to Divorce His First Wife Is Entitled to Widow’s Insurance Benefits

Abstract

The administrative law judge (ALJ) has held that claimant is entitled to widow’s insurance benefits. After claimant filed her claim for benefits, the deceased’s first wife also applied. Finding that the deceased had never divorced his first wife, despite having married claimant, SSA determined that claimant’s marriage to the decedent was not legally valid and denied her claim. Claimant appealed. The ALJ found neither a significant amount of evidence to support the contention that decedent was still married to his first wife at the time of his death nor evidence of a record search to prove that no divorce exists. Finding that the strong presumption of the validity of claimant’s marriage to the decedent had not been rebutted, the ALJ held that claimant’s marriage was legally valid and that she was therefore eligible for benefits under section 216(h)(1)(A)(i) of the Social Security Act. Furthermore, assuming arguendo that claimant was not eligible under section 216(h)(1)(A)(i), the ALJ held that claimant was eligible for benefits under section 216(h)(1)(A)(ii) of the Act because she entered into the marriage in good faith and without knowledge that the decedent had not dissolved his previous marriage. In so ruling, the ALJ accepted claimant’s argument that the putative spouse doctrine only requires good faith on the part of one of the parties. Finally, the ALJ held that claimant and the decedent continued a marital relationship, despite the fact that they lived apart at the time of his death. Claimant had asserted that, although she and the decedent lived under separate roofs for the last two years of his life, he continued to receive his bills and other documents at claimant’s house, he visited claimant daily, and she prepared his meals and did his laundry. Accordingly, the ALJ held that claimant was eligible for benefits under section 216(h)(1)(B)(ii) of the Act.

Additional Information

Docket Date
1996-10-28 00:00:00+00:00

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