Mary E. ROGERSON, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES

OPINION OF THE COURT

SHAPIRO, District Judge.

This is an appeal from an order of the district court granting the motion to dismiss of the defendant Secretary of Health and Human Services (the “Secretary”). Mary E. Rogerson (“Rogerson”) sought review of the Secretary’s denial of disability insurance benefits on the ground of administrative res judicata. Appellant Rogerson contends that the district court, after finding correctly that res judicata could not apply to a prior application, erroneously dismissed the claim on an inadequate record instead of remanding the case to the Secretary. We do…