ELLIS v. SCHWEIKER

No. 81-1310. Summary Calendar.

662 F.2d 419 (1981)

Jo Ann ELLIS, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 13, 1982.


Attorney(s) appearing for the Case

Robert E. Barfield, Amarillo, Tex., for plaintiff-appellant.

Clinton E. Averitte, Asst. U. S. Atty., Lubbock, Tex., for defendant-appellee.

Before CHARLES CLARK, Chief Judge, RUBIN and SAM D. JOHNSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 13, 1982.

ALVIN B. RUBIN, Circuit Judge:

Denied disability and disability insurance benefits under the Social Security Act in 1976, Jo Ann Ellis did not appeal. In 1979, she filed a second application for the same benefits for the same period, alleging the same disability arising on the same date. After this application was denied, Ms. Ellis requested a hearing. The Administrative Law Judge again found her not...

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