Ortiz v. Secretary of Health, Education & Welfare

ORDER

TOLEDO, District Judge.

This action is before this Court on defendant’s motion to dismiss on grounds that the complaint’s dismissal at the ad*319ministrative level on grounds of res judicata, does not constitute a final decision judicially reviewable under Section 205(g) of the Social Security Act.

The question of whether the “final decision” referred to in Title 42, United States Code, Section 405, refers to anything but a final decision on the merits after a hearing has already been passed upon by the Second Circuit. Cappadora v. Celebrezze, 356 F.2d 1 (2 Cir. 1966). While conceding that…