Dorothy S. Emerson v. Elliot L. Richardson, Secretary of Health, Education and Welfare

The Secretary of Health, Education and Welfare denied the second application of appellant, Dorothy S. Emerson, for social security disability benefits. Appellant sought review by the district court of the Secretary’s decision and the Secretary moved for summary dismissal. Upon review of the administrative record, the district court determined that administrative res judicata was applicable under the facts of this case.

Upon examination and consideration of the record and briefs, we discern no new and material evidence which might result in a different determination. See Grose v. Cohen, 406…