Linzie D. Harrah v. Elliot L. Richardson, Secretary of Health, Education and Welfare

WINTER, Circuit Judge:

The Secretary appeals from the district court’s holding that the unappealed administrative denial of claimant’s four previous applications for social security disability benefits was not res judicata of a substantially identical fifth application. We reverse and direct that the Secretary’s motion for summary judgment be granted.

The doctrine of administrative res judicata is firmly established as the law of this circuit even though the prior administrative determination adverse to the claimant was not put to the scrutiny of judicial review. Leviner v. Richardson, 443 F.2d…