David Kavandi v. KILOLO KIJAKAZI, Acting Commissioner of Social Security

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID KAVANDI,
Plaintiff-Appellant,
v.
KILOLO KIJAKAZI, Acting Commissioner
of Social Security,
Defendant-Appellee.
No. 20-55740
D.C. No. 2:19-cv-01252-CAS-AS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted December 14, 2021**
Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges.
David Kavandi appeals pro se from the district court’s affirmance of the
Appeals Council’s dismissal of his request for review of an ALJ’s decision
granting disability insurance benefits under Title II of the Social Security Act. We
have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). Smith v.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 20-55740
Berryhill, 139 S. Ct. 1765, 1780 (2019) (holding that an Appeals Council dismissal
as untimely of a request for review, after a claimant has received an ALJ hearing
on the merits, is a final decision for purposes of 42 U.S.C. § 405(g)). We review
de novo, Attmore v. Colvin, 827 F.3d 872, 875 (9th Cir. 2016), and we affirm.
The Appeals Council did not abuse its discretion in dismissing Kavandi’s
request for review, where Kavandi failed to show good cause to excuse his
untimely filing. See 20 C.F.R. § 404.911 (discussing good cause). Even accepting
Kavandi’s assertion that he did not know his attorney amended the alleged onset
date, Kavandi did not show good cause where he did not dispute receiving the
ALJ’s notice, the ALJ’s decision, and the subsequent award notice, and he did not
allege that these materials contained incorrect or incomplete information. See 20
C.F.R. § 404.911(b)(6)-(7) (a claimant may show good cause where, for example,
the Commissioner provided “incorrect or incomplete information about when and
how to request administrative review” or where the claimant “did not receive
notice of the determination or decision”).
All pending motions are denied.
AFFIRMED.

-- 2 of 2 --