Legal Opinion

Edward A. Stauffer v. Joseph A. Califano, Secretary of Health, Education and Welfare of the United States

Court of Appeals for the Third Circuit

Decided November 30, 1982No. 82-5368PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by an unsuccessful claimant for disability benefits requires us to determine if the district court properly dismissed his petition in which he sought review of the Secretary of Health, Education and Welfare’s decision not to reopen appellant’s claim. The United States magistrate, to whom the case was referred, determined that, under 42 U.S.C. § 405(g), 1 the district court was without jurisdiction to review the Secretary’s decision because the Secretary had properly concluded that reopening was barred by res judicata. We agree and affirm…

2Cases cited11 opinions

  1. Califano v. SandersSupreme Court of the United States · 1977
  2. Osmund McGowen v. Patricia R. Harris, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1981
  3. Raymond F. Diabo, Jr. v. Secretary of Health, Education and Welfare Two CasesCourt of Appeals for the D.C. Circuit · 1980
  4. Maria Parker v. Joseph A. Califano, Secretary of Health, Education & WelfareCourt of Appeals for the Sixth Circuit · 1981
  5. Claude Danny Shrader v. Patricia R. Harris, Secretary of Health, Education & WelfareCourt of Appeals for the Fourth Circuit · 1980

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3Cited by25 opinions

  1. Charles PURTER, Appellant, v. Margaret HECKLER, Secretary Dept. of Health and Human ServicesCourt of Appeals for the Third Circuit · 1985
  2. Ogden v. BowenDistrict Court, M.D. Pennsylvania · 1987
  3. Herman Penner v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1983
  4. Michael J. Tobak, Jr. v. Kenneth Apfel, Commissioner Social Security AdministrationCourt of Appeals for the Third Circuit · 1999
  5. Brenda BOLDEN for Gervase BOLDEN, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1989

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