Watson Eastman v. Louis W. Sullivan, Secretary of Health and Human Services

Good Law
967 F.2d 585·1992 WL 125370·1992 U.S. App. LEXIS 23965
United States Court of Appeals for the Ninth CircuitJune 8, 199291-35045California361 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Watson EASTMAN, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee. No. 91-35045. United States Court of Appeals, Ninth Circuit. Submitted June 2, 1992. * Decided June 8, 1992. Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 "Receipt" as used in 20 CFR § 422.210 (c) means receipt at the claimant's primary residence, not personal receipt. Cf. Scholar v. Pacific Bell, No. 90-15939, slip op. 4869, 4873-75 (9th Cir. Apr. 30, 1992). Thus, the district court correctly concluded that Eastman had until September 27, 1989, to file his complaint. 42 USC § 405 (g). Eastman did not file until October 5, 1989. 3 Eastman argues the statute of limitations should be equitably tolled under Bowen v. City of New York, 476 U.S. 467 (1986). But "[t]he task of showing a basis for equitably tolling the statute of limitations [is] daunting,"…

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