Sousa

Plaintiff Dennis Sousa appeals the district court’s order granting summary judgment to *1242 defendant Commissioner of Social Security (“Commissioner”) and dismissing his deceased spouse’s claim for disability insurance benefits under Title II of the Social Security Act. The district court dismissed Sousa’s claims because it found that his spouse was ineligible to receive benefits under 42 U.S.C. § 423 (d)(2)(C). We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand with instructions.

I.

Anna M. Sousa (“claimant”) first applied for both disability insurance benefits (“DIB”) and supplemental security income (“SSI”) in 1988. The claims were denied, both initially and upon reconsideration. Because she failed to request a timely review of the decision by the Appeals Council, the April 1989 determination became the Commissioner’s final decision on the matter.

A second application for DIB was filed in 1992, alleging disability since February 11, 1987, due to mental illness and depression. This application was supported by additional evidence, consisting primarily of a single medical report dated March 31, 1987, that was not considered with the original filing. The…