Devin K. Callihan v. Donna E. Shalala, Secretary of Health and Human Services

62 F.3d 1423 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Devin K. CALLIHAN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-36141. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1995. Decided Aug. 1, 1995. Before: HUG and FERGUSON, Circuit Judges, and SCHWARZER, * District Judge. MEMORANDUM ** Appellant, Devin Callihan, appeals the district court's decision affirming the conclusion of the Secretary of Health and Human Services ("Secretary") denying Callihan social security disability benefits for the period between August 14, 1989 and May 30, 1991. The form notice denying Callihan's first application for disability benefits violated our holding in Gonzalez v. Sullivan, 914 F.2d 1197, 1203 (9th Cir. 1990) by failing to adequately apprise Callihan that if he did not request reconsideration of the administrative law judge's ("ALJ") decision, it would become final. An applicant…