Marilyn E. Peffley-Warner v. Otis R. Bowen, Secretary of Health and Human Services

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marilyn E. PEFFLEY-WARNER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. No. 87-3570. United States Court of Appeals, Ninth Circuit. Argued Oct. 4, 1988. Dec. 6, 1989. Before FLETCHER, KOZINSKI and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Appellant Marilyn E. Peffley-Warner claims that the Secretary of Health and Human Services wrongfully denied her widow's benefits under the Social Security Act, 42 U.S.C. §§ 301 , et seq. The district court affirmed the Secretary's denial in a grant of summary judgment. 3 Sylvan Warner, insured under the Act, died in 1984. The appellant never formally married Sylvan Warner, but she and he lived together for twenty-two years, a relationship which the State of Washington characterizes as "meretricious." 4 Widows are entitled to benefits under § 402(e)(1) of title 42, and § 416(h)(1)(A) of the same title…