Opinion

Leonard P. Stuckey v. Caspar W. Weinberger, Secretary of Health, Education, and Welfare

  • 488 F.2d 904
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 21, 1973
Status
Published
Author
Merrill
On the bench
Browning, Chambers, Choy, Duniway, Ely, Goodwin, Hufstedler, Koelsch, Merrill, Trask, Wallace, Wright
Cited by
44 cases
Authority
More cited than 25.0%

applying res judicata to bar hearings on subsequent applications for disability benefits before the Secretary of Health, Education, and Welfare

How later courts described this case

  • applying res judicata to bar hearings on subsequent applications for disability benefits before the Secretary of Health, Education, and Welfare
  • discussing policies underlying application of res judicata in disability benefits cases
  • “It would be wrong for the courts to intrude simply because the Secretary, exercising his discretion, chose not to relieve [the claimant] of the latter’s neglect.”
  • Merrill, Browning, Duniway, Hufstedler, and Wallace, JJ., concurring

Written by the judges who cited it.

The opinion

MERRILL, Circuit Judge

(with whom BROWNING, DUNIWAY, HUFSTED-LER and WALLACE, JJ., concur) concurring :

I concur in the result. The reasons advanced by Judge Ely for according respect to earlier administrative determinations on the basis of administrative res judicata provide ample grounds for affirming on the merits the decision of the Secretary to deny reopening.

However, I agree with the Second Circuit, for th.e reasons set forth in Cappadora v. Celebrezze, 356 F.2d 1 (2d Cir. 1966), that a limited area of judicial review has been afforded by the Administrative Procedure Act, and that the second sentence of 42 U.S.C. § 405 (h) should not be construed to preclude judicial review; that that sentence “simply forbids attempts to review final decisions on the merits by any route other than that provided in § 405(g).” 356 F.2d at 5 . (Emphasis supplied.) Proceeding to limited review of the Secretary’s decision here, I would affirm that decision on the merits.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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