Duenas

Duenas v. Shalala

Good Law
34 F.3d 719·1994 WL 476361
United States Court of Appeals for the Ninth CircuitSeptember 6, 1994No. 92-56566California1,973 words

Opinion

Lead Opinion

Levi, J.

ORDER

The memorandum disposition filed on May 12, 1994 is redesignated an authored opinion by Judge Levi.

IT IS SO ORDERED.

OPINION

Antonio Dueñas applied unsuccessfully for old-age (retirement) insurance benefits. In denying the claim, the Secretary of Health and Human Services (“Secretary”) found that Dueñas 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. 1291 and affirm.

*721 I

Antonio Dueñas applied for retirement benefits on April 21,1988, after reaching the age of 62. (R. 71-76.) The Secretary found that Dueñas had only 38 of the required 37 quarters of coverage necessary for fully-insured status and thus that he was not eligible for retirement benefits. 1 On September 19, 1988, Dueñas sought reconsideration of the denial based on the Secretary’s failure to count work performed by him in the period 1952 to 1954. (R. 78-79.) Dueñas stated in his request for reconsideration that he had worked as a seasonal agricultural laborer during this period in various states which he identified. But he did not provide the names of any of his…

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