Legal Opinion

Owen C. Leviner v. Elliott L. Richardson, Secretary of Health, Education and Welfare

Court of Appeals for the Fourth Circuit

Decided June 8, 1971No. 14898PublishedCited by 48 opinions

1Opinion of the Court

WINTER, Circuit Judge:

In a series of decisions we have recognized the applicability of the doctrine of administrative res judicata to the Secretary’s determination that various claimants are not entitled to Social Security disability benefits. 1 In each of these cases the prior administrative determination, treated as a bar to later proceedings, was made after a hearing at the administrative level. In the instant case, we consider whether the doctrine applies when the administrative determination becomes final without a hearing. The district court, relying upon Gilliam v. Gardner, 284 F.Supp.…

2Cases cited12 opinions

  1. Cappadora v. CelebrezzeCourt of Appeals for the Second Circuit · 1966
  2. Leo J. Domozik v. Wilbur J. Cohen, Secretary of Health, Education and Welfare, United States of AmericaCourt of Appeals for the Third Circuit · 1969
  3. Harley P. Grose v. Wilbur Cohen, Secretary of Health, Education & WelfareCourt of Appeals for the Fourth Circuit · 1969
  4. John Easley v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1970
  5. Robert James v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1967

7 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Vernon Brinker v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1975
  2. Osmund McGowen v. Patricia R. Harris, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1981
  3. Harvey B. Johnson v. Rac CorporationCourt of Appeals for the Fourth Circuit · 1974
  4. Maria Parker v. Joseph A. Califano, Secretary of Health, Education & WelfareCourt of Appeals for the Sixth Circuit · 1981
  5. Leonard P. Stuckey v. Caspar W. Weinberger, Secretary of Health, Education, and WelfareCourt of Appeals for the Ninth Circuit · 1973

43 more not listed; retrieve them via the Exa API.

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