HOLLAND v. HECKLER

No. 84-8858.

764 F.2d 1560 (1985)

Mary L. HOLLAND, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 1985.


Attorney(s) appearing for the Case

Leslie Ruth Stallknecht, Macon, Ga., for plaintiff-appellant.

Frank L. Butler, III, Asst. U.S. Atty., Macon, Ga., for defendant-appellee.

Before RONEY and CLARK, Circuit Judges, and PITTMAN, District Judge.


PER CURIAM:

The Secretary's decision to dismiss plaintiff's second application for Social Security disability benefits on administrative res judicata grounds is reviewable only if the plaintiff raises a colorable constitutional claim. Plaintiff asserts a due process violation because she had no counsel in her first claim and the administrative law judge failed to properly investigate her claim. The district court dismissed her claim on jurisdictional grounds...

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