John PANAGES, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant

The Secretary of the Department of Health and Human Services appeals an order of the district court requiring the Secretary to reconsider two final decisions regarding John Panages’ disability benefits. We reverse.

I.

John Panages became disabled due to spinal injuries received in multiple car accidents. He applied for and was granted Social Security disability benefits beginning March 20, 1974.

In 1979, the Secretary reconsidered Pan-ages’ physical condition and determined that he had ceased to be under a disability in September 1978. Panages sought review of this determination before an Administrative Law Judge (AU), who upheld the Secretary’s decision. Panages did not seek further review, and his disability benefits were terminated in January 1980.

In April 1981 Panages filed a new application for disability benefits. That application was denied initially in late 1981 and on reconsideration in May 1982. Panages did not seek further review of the May 1982 decision.

Panages filed his current application in August 1983. That application was denied at all administrative levels. During the administrative hearing, Panages requested that the AU reopen his prior applications. The…