# Brown v. Apfel

> Court of Appeals for the Fifth Circuit · January 6, 1999 · 163 F.3d 324

URL: https://www.frixlaw.com/law-library/cases/16567

## Case

- **Full name:** Annie Lee BROWN, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** January 6, 1999
- **Citations:** 163 F.3d 324; 1999 U.S. App. LEXIS 86; 1999 WL 198
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Davis, Per Curiam, Smith, Wiener
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES COURT OF APPEALS
For the Fifth Circuit

___________________________

No. 97-60436
___________________________

ANNIE LEE BROWN,

Plaintiff-Appellant,

VERSUS

KENNETH S. APFEL,
Commissioner of Social Security,

Defendant-Appellee.

___________________________________________________

Appeal from the United States District Court
for the Northern District of Mississippi
___________________________________________________
January 6, 1999

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

Annie Lee Brown was denied widow's Social Security benefits

administratively and this denial was affirmed by the district

court. The Commissioner denied benefits based on a determination

that, under Mississippi law, Annie Lee Brown was never legally

married to Amos Brown because Amos Brown had been previously

married to Curly Mae Brown and their marriage was never terminated

by divorce, annulment, or death.

The issue on appeal is whether the Social Security

Administration satisfied the strenuous proof Mississippi requires

to establish the invalidity of a second marriage.

Under Mississippi law, a subsequent marriage raises a strong
presumption that the former marriage has been terminated by divorce

or death of the previous spouse. See, e.g., Erwin v. Hodge, 317

So. 2d 55, 57 (Miss. 1975) (presumption is “one of the strongest

known to the law”). In order to rebut this strong presumption, a

party challenging the validity of a second marriage must “show

where each party to the prior marriage had resided up to the time

of the second marriage, and then [] procure from the clerk of the

proper court in each such county a certificate of search showing

that no divorce or annulment had been granted by the court of which

he is clerk.” Pigford Bros. Construction Co. v. Evans, 83 So. 2d

622, 625 (Miss. 1955); see also Smith v. Weir, 387 So. 2d 761, 764

(Miss. 1980); Erwin, 317 So. 2d at 57.

In the administrative hearing, the Social Security

Administration did not present records from all the counties in

which Amos and Curly Mae Brown lived subsequent to their marriage

and prior to the marriage of Amos and Annie Lee Brown.

Specifically, they did not present records from Cook County,

Illinois and LeFlore County, Mississippi. Therefore, under

Mississippi law, the presumption in favor of the second marriage

was not rebutted. The district court therefore erred in affirming

the Commissioner's determination that Annie Lee Brown's marriage to

Amos Brown was a nullity.

The judgment of the district court is reversed and the case is

remanded to the Commissioner with directions to recognize Appellant

Annie Lee Brown as the surviving widow of Amos Brown and to pay

benefits accordingly.

2
REVERSED and REMANDED.

3

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/16567. Public record. Not legal advice.