Hughes v. Finch, 14066
| Decision Date | 09 October 1970 |
| Docket Number | 14090.,No. 14066,14066 |
| Citation | 432 F.2d 93 |
| Court | U.S. Court of Appeals — Fourth Circuit |
| Parties | Clyde C. HUGHES, Appellant, v. Robert H. FINCH, Secretary of Health, Education & Welfare, Appellee. Josie P. SUTTLES, Appellant, v. Robert H. FINCH, Secretary of Health, Education & Welfare, Appellee. |
William D. Ruckelshaus, Asst. Atty. Gen., Kathryn H. Baldwin, James C. Hair, Jr., and Judith S. Seplowitz, Attys., Dept. of Justice, and Joseph O. Rogers, U. S. Atty., on brief for appellee.
Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.
The plaintiffs in these appeals contest orders of the District Court refusing review of adverse determinations on their claims for Social Security disability benefits on the ground that administrative res judicata barred their claims. We affirm.
Hughes first filed a claim for disability benefits October 24, 1963. The application was denied initially and on reconsideration. A hearing was requested and held, which resulted in a finding that he was not disabled. No application was made for review in the Appeals Council. Hughes filed a second application in 1966 which was also denied initially and on reconsideration. A third application filed in 1968 was also denied. A request for hearing was dismissed on the ground that the claim was one already determined against him, and that there was no new and material evidence which warranted reopening. The Appeals Council denied a request for review.
Suttles first sought benefits in 1957. Her first application was denied initially. No request for reconsideration was made. She filed a second application in 1963, which was denied initially and on reconsideration. The application then proceeded to a hearing, at which it was found that she was not disabled on or before March 31, 1960, the last date on which she met the special earnings requirement of the Act. She failed to seek Appeals Council review. Her third application, filed in 1968, was denied at all stages on the ground of res judicata.
Both applicants filed complaints in the District Court within sixty days after the final determinations on their most recent applications. Both complaints were dismissed by the District Court on motion of the Secretary on the ground that judicial review of the Secretary's determinations was precluded by application of res judicata, there being no ground for invocation of any...
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...by the Act and can be exercised only within its limitations. See Hobby v. Hodges, 215 F.2d 754 (10th Cir. 1954); Hughes v. Finch, 432 F.2d 93 (4th Cir. 1970); 42 U.S.C. § 405(h). Therefore, to the extent that the plaintiff's latest claim can be considered a request for a hearing on the meri......
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...as applied to the decisions of administrative tribunals, or, as it is sometimes termed, "administrative res judicata." Hughes v. Finch, 432 F.2d 93 (4th Cir. 1970). It is pertinent to observe, however, that the earlier view of some courts that the doctrine does not apply to administrative p......