Tan Sheng Huang v. Secretary of Health and Human Services

46 F.3d 1141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tan Sheng HUANG, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 93-55770. United States Court of Appeals, Ninth Circuit. Submitted: Dec. 8, 1994. * Decided: Feb. 1, 1995. Before: FARRIS, POOLE and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 1. The Secretary's finding that Huang is not a fully insured individual, as defined by 42 U.S.C. Sec. 414 (a), and thus is not entitled to retirement insurance benefits and premium-free hospital benefits, is supported by substantial evidence. Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985). See also Duenas v. Shalala, 34 F.3d 719, 722 (9th Cir. 1994). Because Huang did not file his amended tax return for tax year 1983 within the statutory time limitation, the Secretary's record showing no earnings for 1983 is conclusive. 42 U.S.C. Secs. 405 (c)(1)(B), 405(c)(4)(A). Huang did not provide evidence to support his contention that his…