George W. KRUMPELMAN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Krumpelman brought suit in district court for review of a decision of Secretary Heckler denying disability insurance benefits. He alleged jurisdiction under 42 U.S.C. § 405 (g). We affirm the district court’s grant of summary judgment in favor of the Secretary.

FACTS

On May 2, 1980, plaintiff George W. Krumpelman, a 42-year old stage technician, was injured in an accident while working with co-workers in moving heavy trees. On July 28, 1980, Krumpelman filed an application for disability insurance benefits for head, back, and neck injuries commencing on May 3, 1980. The application was denied, and on December 7, 1980, it was again denied upon reconsideration notice. Krumpelman did not seek an administrative hearing nor an appeal on this application.

On May 8,1981, Krumpelman filed a new application for disability benefits. This application again alleged the disability period commencing on May 3, 1980, and again alleged head, back, and neck injuries. This application was initially denied. On December 21, 1981, Krumpelman requested reconsideration, and indicated that he had commenced work on October 6, 1981, and therefore his application was for a closed period of disability from…