Home/Ninth Circuit/Nancy A. Wolff v. Donna E. Shalala, Secretary of Health and Human Services

Nancy A. Wolff v. Donna E. Shalala, Secretary of Health and Human Services

51 F.3d 284, 1995 U.S. App. LEXIS 23590, 1995 WL 138534
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 24, 1995
Docket94-35165
StatusUnpublished

This text of 51 F.3d 284 (Nancy A. Wolff v. Donna E. Shalala, Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nancy A. Wolff v. Donna E. Shalala, Secretary of Health and Human Services, 51 F.3d 284, 1995 U.S. App. LEXIS 23590, 1995 WL 138534 (9th Cir. 1995).

Opinion

51 F.3d 284

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Nancy A. WOLFF, Plaintiff-Appellant,
v.
Donna E. SHALALA, Secretary of Health and Human Services,
Defendant-Appellee.

No. 94-35165.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 10, 1995.
Decided March 24, 1995.

Before: PREGERSON, KOZINSKI, and LEAVY, Circuit Judges.

MEMORANDUM*

Nancy Wolff appeals the district court's decision in favor of the Secretary of Health and Human Services, arguing that: (1) insufficient evidence supports the Secretary's decision denying Wolff Title II disability and Title XVI Supplemental Security Income benefits, and (2) the Secretary erred by not reopening Wolff's prior applications for benefits.

We find no merit in Wolff's arguments.

(1) We hold that the Secretary's determination was supported by specific findings and legally sufficient evidence. Matthews v. Shalala, 10 F.3d 678, 679 (9th Cir.1993), Bunnell v. Sullivan, 947 F.2d 341, 345-47 (9th Cir.1991).

(2) We also agree with the district court that the Secretary effectively "reopened" Wolff's prior applications thus satisfying 20 C.F.R. Sec. 404.988 and any due process requirements under Gonzalez v. Sullivan, 914 F.2d 1197 (9th Cir.1990). Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir.1988); Singer v. Weinberger, 513 F.2d 176, 178 (9th Cir.1975).

The district court's decision affirming the Secretary's denial of benefits is

AFFIRMED.

*

This disposition is not suitable for publication and may not be cited to or by the courts of this circuit except pursuant to 9th Cir.R. 36-3

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Bunnell v. Sullivan
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Bluebook (online)
51 F.3d 284, 1995 U.S. App. LEXIS 23590, 1995 WL 138534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nancy-a-wolff-v-donna-e-shalala-secretary-of-health-and-human-services-ca9-1995.