Reopening

Claimant filed concurrent applications for disablity benefits.  SSA allowed the SSI application at Reconsideration but denied the SSDI application due to a Date Last Insured (DLI) issue.  When the claimant appealed the SSDI denial, the ALJ reopened and revised SSI allowance…

The denial of a request to reopen an application for disability benefits is ordinarily not reviewable in federal court, although an exception to this jurisdictional bar exists in "rare instances" where a colorable constitutional claim has been presented.

A dismissal of a hearing request on res judicata grounds, where the current claim has the same factual basis as the earlier decision, is not reviewable. A purely discretionary hearing held for purposes of receiving allegedly new and material evidence is not a hearing within the meaning of 42…

ALJ allowed to rely on medical advisor's opinion in the face of contradictory findings. Claimant's burden at Step 4 includes proving the particular demands of past work that she cannot perform. Secretary allowed to rely on medical advisor's opinion that the treadmill exercise test was…

Absent a colorable constitutional claim not present here, a district court does not have jurisdiction to review the Secretary's discretionary decision not to reopen an earlier adjudication. Appeal barred by res judicata where, even though claimant's second application was not identical to…

A claimant who was earlier denied at reconsideration, and then filed a new claim but presented no new evidence, cannot get a hearing and/or court review. Res judicata operates even if earlier decision was below hearing level.

A decision that a claimant lacks the necessary quarters of coverage can be reopened only under certain limited circumstances. The decision not to reopen a claim is not subject to judicial review absent a constitutional claim.

Where there is a colorable constitutional claim, it is error for district court to dismiss appeal of denial of reopening for lack of subject matter jurisdiction.

Califano v. Sanders, (430 U.S. 99 [1977]) foreclosed judicial review of reopening decision absent a constitutional claim. Claimant's 1973 claim was properly dismissed on res judicata grounds, since the claim was identical to one heard and denied in 1965, after claimant's eligibility for…

Supports judicial review of reopening decisions.

Raises, but does not resolve, the issue of whether a claimant's mental disability should relieve him of the time limitations on reopening.