Opinion

Hayden v. Commissioner of Social Security

Court
District Court, S.D. Ohio
Filed
Sep 18, 2025
Cited by
0 cases
Authority
More cited than 39.4%

stating that pro se pleadings “are entitled to a liberal construction” and that “appropriate liberal construction requires active interpretation in some cases to construe a pro se petition ‘to encompass any allegation stating federal relief’”

How later courts described this case

  • stating that pro se pleadings “are entitled to a liberal construction” and that “appropriate liberal construction requires active interpretation in some cases to construe a pro se petition ‘to encompass any allegation stating federal relief’”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

WACELLA H.,1 : Case No. 2:24-cv-02381

:

Plaintiff, :

: Magistrate Judge Peter B. Silvain, Jr.

vs. : (by full consent of the parties)

:

COMMISSIONER OF THE SOCIAL :

SECURITY ADMINISTRATION, :

:

Defendant. :

DECISION AND ENTRY

Plaintiff Wacella H. brings this case pro se challenging the Social Security

Administration’s denial of her application for Widow’s Insurance Benefits. The case is before the

Court upon Plaintiff’s pro se Statement of Errors (Doc. #9), the Commissioner’s Memorandum in

Opposition (Doc. #12), and the administrative record (Doc. #6).

I. Background

Under 42 U.S.C. § 402(e), the widow of an insured decedent is entitled to Widow’s

Insurance Benefits if the parties were married for nine months before the decedent’s passing. The

validity of the marriage is governed by the laws of the state where the decedent had a permanent

home when he died. 42 U.S.C. § 416(h)(1)(A)(i); 20 C.F.R. § 404.345.

1 The Committee on Court Administration and Case Management of the Judicial Conference of the United States has

recommended that, due to significant privacy concerns in social security cases, federal courts should refer to plaintiffs

only by their first names and last initials. See also S.D. Ohio General Rule 22-01.

In the present case, Plaintiff applied for Widow’s Insurance Benefits, alleging that she was

entitled to benefits because she was the common-law wife of the insured decedent, Garfield H.

(wage earner). Plaintiff’s application was denied on September 5, 2020, and her request for

reconsideration was denied on October 27, 2021. After a hearing, Administrative Law Judge

William R. Stanley (ALJ) determined that Plaintiff had not established that she was the decedent's

common-law wife. Moreover, the ALJ found Plaintiff’s marriage to the wage earner did not meet

the 9-month duration requirement to obtain widow’s benefits, because she ceremonially married

the wage earner on December 19, 2019, and he passed away on June 9, 2020. (Doc. #6, PageID

#45). Specifically, the ALJ determined that:

The evidence submitted does establish that [Plaintiff] and the wage earner had a

relationship. Unfortunately, the documentation does not prove that the claimant and

the wage earner entered into a common law marriage prior to October 10, 1991. …

[Plaintiff] has submitted multiple reports indicating that [she] and the wage earner

have been a couple more than 30 years. These reports indicated that [Plaintiff] and

the wage earner resided together, and that [Plaintiff] and the wage earner considered

themselves husband and wife.

The dates cited in the reports are not specific, and they cannot be definitive evidence

of a common law marriage before October 10, 1991. The fact that [Plaintiff] and

the wage earner may have had a relationship before 1991 does not establish that

they [had a] mutual contract to take each other as man and wife prior to October

10, 1991. …

[Plaintiff] has not submitted clear and convincing evidence that a common law

marriage existed between [her] and the wage earner prior to October 10, 1991.

There are various reports that indicate a relationship between [Plaintiff] and the

wage earner may have existed for more than 30 years. This may have included

cohabitation and [Plaintiff] and the wage earner referring to each other as spouses.

Unfortunately, the dates cited by the witnesses are all approximate. Even if the

elements of a common law marriage were met, there is no way to pinpoint the exact

date that occurred….

2

Id. at 45-47. In accordance with these findings, the ALJ denied Plaintiff’s application for

benefits. Id. at 47. Following the Appeals Council's decision affirming the ALJ's

determination, Plaintiff sought judicial review of the Commissioner's decision (Doc. #9).

II. Standard of Review

Judicial review of an ALJ’s decision is limited to whether the ALJ’s finding are supported

by substantial evidence and whether the ALJ applied the correct legal standards. Blakley v. Comm’r

of Soc. Sec., 581 F.3d 399, 406 (6th Cir. 2009) (citing Key v. Callahan, 109 F.3d 270, 273 (6th

Cir. 1997)); see Bowen v. Comm’r of Soc. Sec., 478 F.3d 742, 745-46 (6th Cir. 2007). Substantial

evidence is such “relevant evidence that a reasonable mind might accept as adequate to support a

conclusion.” Gentry v. Comm’r of Soc. Sec., 741 F.3d 708, 722 (6th Cir. 2014) (citing Rogers v.

Comm’r of Soc. Sec., 486 F.3d 234, 241 (6th Cir. 2007)). It is “less than a preponderance but more

than a scintilla.” Id.

The second judicial inquiry—reviewing the correctness of the ALJ’s legal analysis—may

result in reversal even if the ALJ’s decision is supported by substantial evidence in the record.

Rabbers v. Comm’r of Soc. Sec., 582 F.3d 647, 651 (6th Cir. 2009). Under this review, “a decision

of the Commissioner will not be upheld where the [Social Security Administration] fails to follow

its own regulations and where that error prejudices a claimant on the merits or deprives the

claimant of a substantial right.” Bowen, 478 F.3d at 746 (citing Wilson v. Comm’r of Soc. Sec., 378

F.3d 541, 546-47 (6th Cir. 2004)).

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III. Discussion

Plaintiff contends in her pro se Statement of Errors that the ALJ failed to properly assess

her marriage under Ohio law, under which she would have needed to establish a common-law

marriage prior to October 10, 1991—the date that Ohio prohibited common-law marriage—to be

entitled to Widow’s Insurance Benefits in this case. (Doc. #9, PageID #s 276-91). Plaintiff alleges

that she is entitled to benefits because she and Mr. H. entered a common-law marriage that lasted

from 1987 until his death in June 2020. Id. at 278. In response, the Commissioner argues that

ALJ reasonably found in this case that Plaintiff did not satisfy her burden of establishing a

common-law marriage in Ohio by clear and convincing evidence. (Doc. #12, PageID #s 297-306).

As Plaintiff is proceeding pro se, her filings and arguments are liberally construed in her

favor. Franklin v. Rose, 765 F.2d 82, 84-85 (6th Cir. 1985) (stating that pro se pleadings “are

entitled to a liberal construction” and that “appropriate liberal construction requires active

interpretation in some cases to construe a pro se petition ‘to encompass any allegation stating

federal relief’”) (citations omitted). However, “[l]iberal construction does not require a court to

conjure allegations on a litigant’s behalf ….” Erwin v. Edwards, 22 F. App'x 579, 580 (6th Cir.

2001) (citing Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989)). Furthermore, “[i]t is not

sufficient for a party to mention a possible argument in the most skeletal way, leaving the court to

... put flesh on its bones.” McPherson v. Kelsey, 125 F.3d 989, 995–96 (6th Cir. 1997) (citations

omitted).

To have a valid common-law marriage under Ohio law, a party must prove: 1) words of

present intent to create a marriage; 2) cohabitation as husband and wife; and 3) holding out to the

4

public as man and wife. Smereczynski v. Sec'y, Dep't of Health & Human Servs., 944 F.2d 296,

298 (6th Cir. 1991). Plaintiff has the burden to establish the elements of a common-law marriage

by clear and convincing evidence under Ohio law. Cunningham v. Apfel, 12 F. App'x. 361, 362

(6th Cir. 2001). Clear and convincing evidence is “that degree of proof which produces in the mind

of the trier of fact ‘a firm belief or conviction as to the allegations sought to be established.’” Est.

of Everhart v. Everhart, 2014-Ohio-2476, 14 N.E.3d 438, 446–47.

As stated above, one of the elements that Plaintiff had to prove by clear and convincing

evidence was a present intent to create a marriage. Smereczynski, 944 F.2d at 298. This intent has

been characterized under Ohio law as “a meeting of the minds between the parties who enter into

a mutual contract to presently take each other as man and wife. … Its absence precludes the

establishment of [common-law marriage] even though the parties live together and openly engage

in cohabitation.” Nestor v. Nestor, 15 Ohio St. 3d 143, 146, 472 N.E.2d 1091, 1094 (1984). The

two forms of evidence to prove a present intent to marry are either direct evidence or “by way of

proof of cohabitation, acts, declarations, and the conduct of the parties and their recognized status

in the community in which they reside.” Id. In the absence of direct evidence, “testimony regarding

cohabitation and community reputation tends to raise an inference of the marriage. This inference

is given more or less strength according to the circumstances of the particular case. The inference

is generally strengthened with the lapse of time during which the parties are living together and

cohabiting as man and wife.” Id.

In this case, evidence in both Plaintiff’s Statement of Marital Relationship and hearing

testimony could reasonably call into doubt whether a present intent to marry existed before

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October 10, 1991, failing to meet the clear and convincing evidence standard required to establish

a common-law marriage in Ohio. For example, in response to “[d]id you and the person you were

living with have an understanding about your relationship when you began living together,”

Plaintiff stated that “[w]e discussed marriage and had plans and went to the courthouse during our

38 years together. We went around 2004[,] and the computers were down. He always said we were

married but didn’t feel we needed paper to say so.” (Doc. #6, PageID #158). (emphasis added).

Additionally, Plaintiff stated that Mr. H. bought their wedding rings in 2002 as a promise that a

ceremonial marriage would be performed in the future and made a further statement that “[h]e

always believed that we didn’t need a marriage [license]. I never pushed him because we were

committed to one another and had rings to prove it. They were a sign of a ceremony to come.” Id.

at 159. (emphasis added).

From Plaintiff’s statements, the ALJ could reasonably have questioned whether Plaintiff

had a present intent to marry before October 10, 1991. While Mr. H. may have believed that he

and Plaintiff were married and did not require a ceremonial marriage or marriage license, it appears

that Plaintiff may not have believed them to be married without either. Furthermore, Mr. H. bought

their wedding rings, a symbol of marriage, in 2002, after the October 10, 1991 deadline, and stated

that it was a promise that a ceremonial marriage would be performed in the future. Ohio courts

have found that a ceremonial marriage after a purported common-law marriage is “inconsistent

with assertions that a couple had a common-law marriage.” Shavel v. Shavel, 2023-Ohio-4876,

233 N.E.3d 123, 132. Therefore, Plaintiff’s Statement of Marital Relationship raises doubt about

whether her present intent to marry existed before October 10, 1991, an element that she was

6

required to produce “a firm belief or conviction as to the allegations sought to be established” in

the mind of the fact finder. Everhart, 14 N.E.3d at 446-47.

Similarly, portions of Plaintiff’s hearing testimony further indicate that she may not have

considered herself and Mr. H. married until the December 2019 ceremonial marriage. When asked

by her counsel when it became the couple’s intent to go get married, Plaintiff responded, “we had

planned to get married I want to say years earlier [than December 2019], but there were

circumstances that happened like loss of family members. But when we got married in 2019, we

started making our arrangements … We’d always talked about it. But he said that we would get

married.” (Doc. #6, PageID #65). (emphasis added). Additionally, when Plaintiff’s counsel asked

a clarifying question of whether the December 2019 ceremonial marriage was a formal celebration

of Plaintiff’s common-law marriage or if Plaintiff and Mr. H ever felt like they had not been

married, Plaintiff stated, “we lived as husband and wife, and the only thing that wasn’t there was

the papers…. [W]e pretty much – they recognized us as such. But we didn’t have the papers. And

early in our relationship, he would say, we’re already married. What do we need papers for? So,

he realized that in my heart, because of my spirituality and my faith in Jesus Christ, that this was

something that I needed…. [Mr. H] felt that he needed to make this legal for me … he wanted to

just go ahead and take that next step with me…” Id. at 66-67. (emphasis added). Plaintiff’s

statements, taken together, raise an inference that although Plaintiff acknowledged they were

living as husband and wife, she and Mr. H. were not married in her mind until the December 2019

ceremonial marriage. This inference cuts directly against a present intent to marry before October

10, 1991, which Plaintiff had to prove by clear and convincing evidence to establish a common-

7

law marriage in Ohio. After hearing Plaintiff’s testimony, it was reasonable for the ALJ to find

that “the fact that [Plaintiff] and [Mr. H.] may have had a relationship before 1991 does not

establish that they [had a] mutual contract to take each other as man and wife prior to October 10,

1991.” Id. at 46. Therefore, without evidence of that mutual contract, Plaintiff has failed to prove

a common-law marriage under Ohio law and is not entitled to Widow’s Insurance Benefits.

Accordingly, Plaintiff’s Statement of Errors is not well-taken.

IT IS THEREFORE ORDERED THAT:

1. Plaintiff’s Statement of Errors (Doc. #9) is OVERRULED;

2. The Commissioner’s non-disability determination is

AFFIRMED; and

3. The case is terminated on the docket of this Court.

September 18, 2025 s/Peter B. Silvain, Jr.

Peter B. Silvain, Jr.

United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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