Erma W. Foley v. Louis W. Sullivan, M.D., Secretary of Health & Human Services

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Erma W. FOLEY, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellee. No. 91-55604. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. * Decided May 29, 1992. Before ALARCON, WILLIAM A. NORRIS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Erma Foley appeals from the district court's affirmance of the final decision of the Secretary of Health and Human Services ("the Secretary"). The Secretary refused to waive repayment of $7,043 in insurance benefits on the ground that Foley was at fault in failing to report her earnings. Foley contends that because she justifiably assumed that her earnings were community property, she was only required her to report half of her income to the Department of Health and Human Services ("DHHS"). We affirm because we conclude that the Secretary's determination that Foley was at fault in incurring the…