Kapp

OPINION AND ORDER

FACTS

This action is before the Court on the Secretary of Health and Human Services’ motion to dismiss plaintiff’s complaint for judicial review of an adverse decision made by defendant regarding plaintiff’s claim for disability benefits. The Secretary contends that this action should be dismissed because this Court is without subject matter jurisdiction to entertain the action.

Over the past five years plaintiff has filed three different applications for disability benefits, each application alleging that he became disabled on March 17, 1976. The first application was filed on August 24, 1976. The claim was denied at the initial level of consideration and plaintiff was notified of the decision. Plaintiff did not request reconsideration of this decision. The second application was denied on August 17, 1977 on the grounds that the res judicata effect of the denial of the first application was conclusive as to the second application. Plaintiff did not request reconsideration of this decision. Plaintiff filed a third application for disability on November 29, 1979. The claim was denied initially and upon reconsideration as barred by the doctrine of res judicata.…