Marjorie FRIZZELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health & Human Services, Defendant-Appellee

Frizzell appeals to our court claiming the district court erred in failing to reinstate her case seeking review of a claim for Social Security benefits. Finding the Sullivan v. Finkelstein, — U.S. -, 110 S.Ct. 2658, 110 L.Ed.2d 563 (1990), construction of 42 U.S.C. § 405(g) controlling, we AFFIRM the lower court disposition.

Facts and Prior Proceedings

Marjorie Frizzell applied for Social Security disability benefits on January 3, 1983. By decision of the Administrative Law Judge, her claim was denied on October 6, 1983. The Appeals Council affirmed the AU’s decision, and on December 14, 1986…