Legal Opinion

Harley P. Grose v. Wilbur Cohen, Secretary of Health, Education & Welfare

Court of Appeals for the Fourth Circuit

Decided February 5, 1969No. 12722_1PublishedCited by 74 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

Harley P. Grose’s application for a period of disability and disability insurance benefits under the Social Security Act was denied on the ground of administrative res judicata. This defense, we believe, is not applicable to Grose’s claim. Therefore, we vacate the judgment of the district court and remand • the case for consideration of Grose’s application on its merits.

Grose was born in 1910. After completing the eighth grade he worked as a laborer. On January 26, 1943 he lost both legs above his knees in an accident at a coal tipple. 1 He was fitted with artificial…

2Cases cited9 opinions

  1. Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940
  2. United States v. Stone & Downer Co.Supreme Court of the United States · 1927
  3. Oveta Culp Hobby, Secretary of Department of Health, Education and Welfare v. Joseph HodgesCourt of Appeals for the Tenth Circuit · 1954
  4. Cappadora v. CelebrezzeCourt of Appeals for the Second Circuit · 1966
  5. William E. Hanes v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1964

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3Cited by74 opinions

  1. Vernon Brinker v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1975
  2. City of Hackensack v. WinnerSupreme Court of New Jersey · 1980
  3. Charles PURTER, Appellant, v. Margaret HECKLER, Secretary Dept. of Health and Human ServicesCourt of Appeals for the Third Circuit · 1985
  4. Lloyd Thompson v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982
  5. Leo J. Domozik v. Wilbur J. Cohen, Secretary of Health, Education and Welfare, United States of AmericaCourt of Appeals for the Third Circuit · 1969

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