Absher v. Secretary of Health, Education & Welfare

MEMORANDUM OPINION

GORDON, Chief Judge.

This is an action brought by plaintiff for judicial review of the dismissal by the defendant of his claim for benefits under Title II of the Social Security Act (hereinafter referred to as the Act). As hereinafter explained, the plaintiff’s current application for social security benefits was dismissed on the grounds of res judicata. Therefore, defendant contends, with respect to plaintiff’s claim for such benefits there has been no “final decision” of the Secretary as required by Section 205(g) of the Act, 42 U.S.C. § 405(g), for judicial review.…