Summary
holding that attempted appeals regarding denials to reopen and decisions based on res judicata are "not reviewable"
Summary of this case from Johnson v. Comm'r of Soc. Sec.Opinion
No. 79-1270. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.
August 23, 1979.
Thomas F. Condon, Pensacola, Fla., for plaintiff-appellant.
Emory O. Williams, Jr., Asst. U.S. Atty., Pensacola, Fla., Alan M. Grochal, Baltimore, Md., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Florida.
Before CLARK, GEE and HILL, Circuit Judges.
This is an attempted appeal from administrative denial of a Social Security disability claim on grounds of res judicata. The Secretary also refused to reopen earlier claims. Such refusals to reopen and determinations that a claim is res judicata are not reviewable. Matos v. Secretary of H.E.W., 581 F.2d 282 (1st Cir. 1978). The court below correctly dismissed for want of jurisdiction.
AFFIRMED.