Antonio Duenas v. Donna E. Shalala, Secretary of Health and Human Services

Good Law
24 F.3d 245·1994 WL 183461
United States Court of Appeals for the Ninth CircuitMay 12, 199492-56566California2,137 words

Opinion

Opinion

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Antonio DUENAS, Plaintiff-Appellant, v. Donna E. SHALALA, ** Secretary of Health and Human Services, Defendant-Appellee. No. 92-56566. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided May 12, 1994. 1 Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. *** 2 MEMORANDUM **** 3 Antonio Duenas applied unsuccessfully for old-age (retirement) insurance benefits. In denying the claim, the Secretary of Health and Human Services ("Secretary") found that Duenas had failed to establish the requisite 37 quarters of coverage. The district court granted summary judgment to the Secretary and this appeal follows. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 4 * Antonio Duenas applied for retirement benefits on April 21, 1988, after reaching the age of 62. (R. 71-76.) The Secretary found that Duenas had only 33 of the required 37 quarters of coverage necessary for…

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