Harrington v. Barnhart

• Decision Date: 30 October 2003
• Docket Number: No. C02-4085-MWB.,C02-4085-MWB.
• Citation: Harrington v. Barnhart (N.D. Iowa 2003)
• Parties: NANCY L. HARRINGTON, Plaintiff, v. JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant.
• Court: U.S. District Court — Northern District of Iowa

Page 1

NANCY L. HARRINGTON, Plaintiff, v. JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant.

No. C02-4085-MWB.

United States District Court for the Northern District of Iowa, Western Division.

October 30, 2003.

REPORT AND RECOMMENDATION

TABLE OF CONTENTS

I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . 2

II. PROCEDURAL AND FACTUAL BACKGROUND . . . . . . . . . . . . . . . . 2

A. Procedural Background . . . . . . . . . . . . . . . . . . . . 2

B. Factual Background . . . . . . . . . . . . . . . . . . . . . . 3

1. Summary of documentary evidence . . . . . . . . . . . . . . 3

2. Harrington's testimony . . . . . . . . . . . . . . . . . 10

3. The ALJ's conclusion . . . . . . . . . . . . . . . . . . 16

III. ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

A. The Substantial Evidence Standard . . . . . . . . . . . . . 20

B. Application of Iowa Law . . . . . . . . . . . . . . . . . . 22

IV. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Page 2

PAUL A. ZOSS, MAGISTRATE JUDGE, UNITED STATES DISTRICT COURT.

I. INTRODUCTION

The plaintiff Nancy L. Harrington ("Harrington") appeals the decision of an Administrative Law Judge ("ALJ") denying her application for Widow's Insurance Benefits under Title II of the Social Security Act. Harrington argues the ALJ erred in finding she was not the common-law wife of Marion W. Torrey, and therefore was not entitled to widow's insurance benefits.

II. PROCEDURAL AND FACTUAL BACKGROUND

A. Procedural Background

On November 22, 1999, Harrington filed an application for widow's insurance benefits. (R. 83-85, ) In her application, Harrington claimed she was the widow of Marion W. Torrey, who died November 4, 1999. Harrington claimed she and Torrey entered into a common-law marriage on January 1, 1983, in Sioux City, Iowa, and they were living together in Sioux City at the time of his death. (Id.)

Harrington's application was denied initially on December 28, 1999 (R. 88-92), and upon reconsideration on March 26, 2000. (R. 95-98) Harrington requested a hearing (R. 99), which was held on July 18, 2000, in Sioux City, Iowa, before ALJ Cheryl Rini. (R. 22-82) Attorney John Moeller represented Harrington at the hearing, and Harrington was the only witness who testified at the hearing.

On November 17, 2000, the ALJ ruled Harrington had not established that a common-law marriage existed between herself and Torrey, and ruled she was not entitled to benefits. (R. 11-21) The Appeals Council of the Social Security Administration denied Harrington's request for review on August 16, 2002, making the ALJ's decision the final decision of the Commissioner. (R. 6-8)

Page 3

Harrington filed a timely Complaint in this court on September 20, 2002, seeking judicial review of the ALJ's ruling. (Doc. No. 1) In accordance with Administrative Order #1447, dated September 20, 1999, this matter was referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B), for the filing of a report and recommended disposition of Harrington's claim. Harrington filed a brief supporting her claim on February 14, 2003. (Doc. No. 8) The Commissioner filed a responsive brief on April 1, 2003. (Doc. No. 9) The matter is now fully submitted, and pursuant to 42 U.S.C. § 405(g), the court turns to a review of Harrington's claim for benefits.

B. Factual Background

1. Summary of documentary evidence

The Record contains numerous exhibits regarding Harrington's relationship with Torrey. In support of her application in 1999, Harrington prepared a Statement of Marital Relationship (R. 107-110) and a written Statement of Claimant (R. 111-112). In these documents, she stated her marital relationship with Torrey was not in writing, but they "were committed to each other" and planned to live together for the rest of their lives. (R. 107) They had agreed their relationship would only end with the death of one of them. (R. 108) She believed their living together made them legally married "[b]ecause of [their] Love & Commitment." (Id.)

Harrington stated she did not use the surname Torrey because it was "too confusing" and she wanted the same name as her children. (Id.) Mail was addressed to her with the names Harrington and Torrey. (Id.) She filed income tax returns as a single person because Torrey was not required to file tax returns. (R. 108, 111) She stated she

Page 4

and Torrey used each other's charge accounts "on occasion," and they introduced each other as spouse, companion, or "lifetime partner." (R. 108)

According to Harrington, Torrey thought his divorce from his prior wife was final by the time the two started living together in January 1983, but he later learned his former wife had failed to sign the necessary documents. The divorce became final on April 30, 1983. (R. 110; see R. 190-200, copy of divorce decree between M.W. Torrey and Angeline M. Torrey)

Harrington began receiving Social Security benefits in 1995, based on her former husband's income. In her written statement, Harrington explained that when she applied for those benefits, she thought the statement, "I am not married now," on the application form "meant that [she] did not have a marriage certificate or had had a cer[e]monial marriage." (R. 111) She claims that when Torrey died, a Social Security representative told her she could elect to receive benefits based on either her former husband's income or Torrey's income. She chose her former husband's income because she assumed her benefits would be higher. (Id.)

Four individuals completed Statement of Marriage forms regarding the relationship between Harrington and Torrey. Milo R. Abelson was Torrey's nephew, and he indicated he had known Torrey for 89 years. He stated he had known Harrington for 18 years, ever since she started living with Torrey. He stated he had "visited with them many times — went out to eat — weddings — funerals, etc." (R. 113) Abelson indicated he was not aware Harrington and Torrey were not married until around the time of Torrey's death. He considered Harrington and Torrey to be husband and wife, explaining, "We had always thought they had married. They acted married. I believe for financial reasons they chose not to marry." (Id.) Abelson stated he heard Harrington and Torrey refer to each other

Page 5

as husband and wife "whenever we saw them together." (R. 114) He indicated Harrington and Torrey lived together continuously for 18 years. (Id.)

Robert E. Torrey apparently was Torrey's cousin. (See R. 91) In his written statement, he indicated he had known Harrington for 18 years. He considered Harrington and Torrey to be husband and wife, stating, "They [were] always together and a good loving couple. Never apart and they shared things together." (R. 115) He heard them refer to each other as husband and wife at all family gatherings, and stated they lived together continuously. (R. 116) He noted, "Nancy Harrington and M.W. (Bud Torrey) were as true to each other for the 18 years as any couple could be. A truly good religious couple." (Id.)

Torrey's daughter, Carter Torrey, stated she had known Harrington for approximately 20 years, because she "used to be a neighbor." (R. 117) She stated she did not consider Harrington and Torrey to be husband and wife, indicating "they weren't married." (Id.) She reported hearing Harrington refer to Torrey as her husband, but not vice versa. (R. 118) She stated Torrey "rented an apartment out of town in winter and they lived in [Harrington's] house in the summer for close to 15 years." (Id.)

Torrey's other daughter, Lynn Torrey, also prepared a written statement of marriage form. She indicated she had known Harrington for 28 to 30 years, and had spoken to her briefly once a year for the preceding 15 years. (R. 120) She stated Torrey asked Harrington to marry him but Harrington refused. She reported, "They did not own any property or share credit. To my knowledge [Harrington] never assumed the last name of Torrey. I understood why she did not marry because of SS reasons." (Id.) Like her sister, Lynn Torrey indicated her father had kept an apartment in Tucson, Arizona, from 1984 to 1997. She stated he had lived with Harrington "continuously for the past 10-12

Page 6

years." (R. 121) She stated she had "always known Nancy as [Torrey's] companion not his wife." (Id.)

A representative of the Social Security Administration reviewed the Polk City Directory for the year 1988, 1994, and 1999, for Harrington's address. In 1988 and 1994, the directory only shows Harrington as a resident of the property. In 1999, the directory shows both Harrington and Torrey, but the listing indicates the two were neighbors, not husband and wife. (R. 119)

Harrington submitted her income tax returns for 1996, 1997, and 1998. All were filed in the name of Nancy L. Harrington, and indicated she was a single person. (See R. 123-25) She submitted a copy of the top of a bank statement from Security National Bank in Sioux City, addressed to herself and Torrey. (R. 126)

Harrington submitted several envelopes addressed to her as "Nancy Harrington Torrey" and "Nancy Torrey," and cards and letters addressed to Harrington and Torrey. (See R. 127-47) She also submitted numerous letters from friends and family members attesting to their belief that she and Torrey were common-law married, as follows:

(1) A letter from Robert D. Ellis (R. 136), who described himself as "A Close Friend and Neighbor." Ellis stated he had known Torrey and "his mate" for at least 15 years, and indicated, "There is no doubt in my mind that their friends all considered their relationship as a `common law' marriage."

(2) A letter from Mary Eisner, leasing agent at Sun River Apartment Homes in Tucson, Arizona (R. 148). Eisner stated she rented an apartment to Harrington and Torrey on September 9, 1986, when Torrey introduced Harrington as his wife, and the couple continued to stay at the apartment annually...