Legal Opinion
Claude Danny Shrader v. Patricia R. Harris, Secretary of Health, Education & Welfare
Court of Appeals for the Fourth Circuit
Decided September 26, 1980No. 79-1538PublishedCited by 42 opinions
1Opinion of the Court
BUTZNER, Circuit Judge:
Claude Danny Shrader appeals from an order of the district court which dismissed for lack of jurisdiction his action to review the Secretary’s summary dismissal of his fourth Social Security disability claim. The Secretary ruled that the doctrine of res judicata barred a hearing on the claim. We reverse the district court’s order and direct the Secretary to conduct an evidentiary hearing to determine Shrader’s mental competency to understand the administrative procedure necessary for appeal of the ex parte denials of his previous pro se applications.
I
Shrader first filed…
2Cases cited10 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Califano v. SandersSupreme Court of the United States · 1977
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Armstrong v. ManzoSupreme Court of the United States · 1965
5 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Osmund McGowen v. Patricia R. Harris, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1981
- Bettie Jo Cherry v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1985
- Herman Penner v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1983
- Stieberger v. HecklerDistrict Court, S.D. New York · 1985
- Ronald L. BOOCK, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Eighth Circuit · 1995
37 more not listed; retrieve them via the Exa API.