Daubert v. Sullivan

905 F.2d 266 30 Soc.Sec.Rep.Ser. 172, Unempl.Ins.Rep. CCH 15504A Leslie L. DAUBERT, as natural Mother and Guardian of Derrek G. Dunbar, Plaintiff-Appellant, v. Louis W. SULLIVAN, * Secretary, Department of Health and Human Services; Department of Health and Human Services, an agency of the United States, Defendants-Appellees. No. 88-4021. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1989. Decided June 1, 1990. Keith A. Buchholz, Tracy, McDaniel and Buchholz, Bremerton, Wash., for plaintiff-appellant. Gary J. Thogersen, Asst. Regional Counsel, Seattle, Wash., for defendants-appellees. Appeal from the United States District Court for the Western District of Washington. Before WALLACE and NELSON, Circuit Judges, and WILSON, ** District Judge. WALLACE, Circuit Judge: 1 Daubert appeals from the district court's decision upholding the Secretary of Health and Human Services' (the Secretary) denial of her application for Social Security Survivor's benefits on behalf of her son, Derrek. The district court exercised jurisdiction pursuant to 42 U.S.C. Sec. 405 (g). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm. 2 *…