Katherine A. LAWSON, Plaintiff-Appellant, v. Margaret A. HECKLER, Secretary of Health and Human Services, Defendant-Appellee , 771 F.2d 169 ( 1985 )

MILBURN, Circuit Judge,

concurring.

I write separately to emphasize that this case does not turn on considerations of life-style. Rather, the only issue facing this court is whether there is substantial evidence in the record to support the Secretary’s determination that plaintiff did not in good faith go through a marriage ceremony with the insured such that the marriage cannot be deemed valid under 42 U.S.C. § 416(h)(1)(B). More specifically, this determination turns on whether plaintiff was aware of the insured’s prior undissolved marriage at the time she went through her marriage ceremony with the insured. Because the evidence is overwhelming that plaintiff did not in fact have knowledge of the previous marriage at the relevant time, the denial of benefits is not supported by substantial evidence, and this case must be Remanded for an award of benefits.