Pamela J. Davis v. Richard S. Schweiker, Secretary of Health and Human Services
Opinion
Opinion
Solomon, J.
Pamela J. Davis filed an action in the district court to review the refusal of the Secretary of Health and Human Services to reopen Davis’ application for disability benefits which the Secretary denied. Davis also sought review of the Secretary’s denial of a later application on grounds of administrative res judicata.
The district court adopted the recommendation of the Magistrate and dismissed the action on both claims. Davis appeals. We affirm.
Davis is a married woman and has three children. She has a high school education; she worked as a bank teller and secretary before 1968. She last met the special earnings requirement for entitlement to disability benefits on December 31, 1968.
Davis first filed for disability benefits on November 6, 1973. She had surgery in 1960 and again in 1973 for spinal pain. Her application was denied because she had failed to prove that she was disabled in 1968, when her eligibility for disability benefits expired. She was told that she could seek reconsideration within six months. When she did not ask for reconsideration or a hearing, the decision denying her application became final.