Richard Tischbierek v. Donna E. Shalala, Secretary of Health and Human Services

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard TISCHBIEREK, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-56533. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Sherri Aikman, on behalf of Richard Tischbierek, appeals the district court's order granting summary judgment in favor of the Secretary of Health and Human Services (Secretary). The Secretary concluded that Tischbierek's disability onset date was April 17, 1990. Tischbierek contends that the district court erred by adopting the Secretary's conclusion because substantial evidence supported an earlier disability date. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo the district court's grant of summary judgment. Magellanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989). Regarding the…