Knott

AMENDED ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) denying plaintiffs claim for divorced spouse’s benefits as a deemed spouse under § 416(h)(1) of the Social Security Act (“Act”). The case is before the undersigned pursuant to 28 U.S.C. § 636 (c). For the reasons that follow, the court will grant plaintiffs motion for summary judgment, remand the action to the Commissioner for an award of benefits, and deny the Commissioner’s cross motion for summary judgment.

In a decision dated August 16, 2000, the ALJ determined plaintiff was not entitled to divorced spouse’s benefits. The ALJ’s decision became the final decision of the Commissioner when the Appeals Council denied plaintiffs request for review on March 23, 2002. The ALJ found that plaintiff filed an application for divorced wife’s benefits on October 11, 1996, that plaintiff does not meet the ten-year duration of marriage requirement because her marriage to the wage earner was void; and that plaintiff is not the divorced wife of the wage earner within the meaning of the Social Security Act and regulations. (Administrative Transcript (“Tr.”) at 14.)…