Weatherby v. Sullivan

942 F.2d 639 34 Soc.Sec.Rep.Ser. 405, Unempl.Ins.Rep. (CCH) P 16222A Jessica A. WEATHERBY; Jocelyn A. Weatherby, Minors By and Through their Guardian ad litem, Cherie L. Tatarka, Plaintiffs-Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 90-35477. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1991. Decided Aug. 19, 1991. Robert W. Boyer, Grants Pass, Or., for plaintiffs-appellants. Richard H. Wetmore, Asst. Regional Counsel, Dept. of Health and Human Services, Seattle, Wash., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before ALARCON, FERGUSON and HALL, Circuit Judges. ALARCON, Circuit Judge: 1 Cherie L. Tatarka, natural mother and guardian ad litem of claimants, Jocelyn and Jessica Weatherby, seeks review of the district court's order affirming the Secretary of Health and Human Services' (Secretary) decision to deny surviving child's social security insurance benefits to her dependent children, following the death of their stepfather. We must decide two questions in this case: 2 First. Are dependent children entitled to benefits pursuant to…