Kephart

MEMORANDUM *

Appellant Patricia Kephart (“Kephart”) appeals the district court’s summary judgment rejecting her Due Process and statutory claims against the Commissioner of Social Security (“Commissioner”), arising out of the Commissioner’s refusal to reopen Kephart’s 1991 claim for Social Security Disability Insurance benefits. Kep-hart’s claims are based on the alleged constitutional and statutory defects in the notice denying reconsideration of her original claim.

We review a summary judgment de novo, but must affirm the Commissioner’s denial of disability benefits if the findings are supported by substantial evidence and the correct legal standards were applied. See Gonzalez v. Sullivan, 914 F.2d 1197, 1200 (9th Cir.1990).

Kephart has a property interest in receiving disability benefits. See id. at 1203 . As such, she cannot be deprived of that interest without due process of law. See U.S. Const, amend. V; Mathews v. El-dridge, 424 U.S. 319, 335 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976). Due Process rights can be violated by a notice that is “misleading [such] that it introduces a high risk of error into the disability decisionmaking process.... One of the fundamental…