Ruiz Olan v. Secretary of Health, Education & Welfare

OPINION AND ORDER

TOLEDO, Chief Judge.

The defendant moves that this action be dismissed inasmuch as plaintiff’s current application for Social Security benefits was dismissed at the administrative level on grounds of res judicata, without a hearing, and accordingly, there is no final decision for judicial review under Section 205(g) of the Social Security Act (hereinafter Act). Title 42, United States Code, Section 405(g).

Although the plaintiff has not mentioned it, this Court has decided that such administrative decisions if appealed in time are reviewable under the Administrative Procedure…