Taylor
Taylor v. Heckler
Opinion
Opinion
Schwarzer, J.
MEMORANDUM OF OPINION AND ORDER
This is an appeal from a final decision of the Secretary of Health and Human Services denying plaintiff Mildred Taylor disability benefits. 42 U.S.C. § 405 (g) The case is before the Court on cross-motions for summary judgment.
Plaintiff filed an application for disability benefits on August 6, 1976, alleging that she had become disabled on May 30, 1974 due to a concussion and strain of the head and neck and a lower spine injury caused by an industrial accident. That claim was denied and notice of the denial was sent to plaintiff on December 16, 1976. Plaintiff did not appeal that denial.
Plaintiff filed the present application on May 8, 1981, alleging disability because of severe back pain. Plaintiff alleged the same causes of injury and date of onset of the disability as in her prior application. In connection with the present application plaintiff requested that her earlier application of August 1976 be reopened. 20 C.F.R. §§ 404.957 , 404.958.' Plaintiff’s application was denied initially and upon reconsideration by the Secretary. Upon plaintiff’s petition, a hearing was conducted before an administrative law judge (ALJ). The AU found that…