Clifford Lucas v. John W. Gardner, Secretary of Health, Education, and Welfare

After a careful review of the record and briefs, we deem oral argument unnecessary and affirm for the reasons stated in the opinion of the district court. Lucas v. Finch, 322 F.Supp. 1209 (S.D.W.Va.). 1 Furthermore, as to Lucas’ claim that he has been unable to work since 1957 partially due to a “back injury,” we affirm the denial of benefits on the doctrine of administrative res judicata since his 1959 application for disability benefits based upon his 1957 spinal injury was denied initially on November 23, 1959, and Lucas took no further action, thus failing to pursue his available…