PASSOPULOS v. SULLIVAN

No. 91-7219.

976 F.2d 642 (1992)

George PASSOPULOS, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 2, 1992.


Attorney(s) appearing for the Case

Larry C. Moorer, Mobile, Ala., for plaintiff-appellant.

Ronald L. Paxton, Asst. Regional Counsel, Bruce R. Granger, Chief Counsel, Mary Ann Sloan, Mack A. Davis, Haila Naomi Kleinman, Office of the General Counsel, Dept. of Health and Human Services, Atlanta, Ga., for defendant-appellee.

Before TJOFLAT, Chief Judge, HATCHETT and BIRCH, Circuit Judges.


HATCHETT, Circuit Judge:

As a matter of first impression in this circuit, we hold that an Administrative Law Judge's (ALJ) reconsideration of evidence of mental impairment in a prior application, pursuant to regulations implemented under the Social Security Disability Benefits Reform Act of 1984 (DBRA) Public Law 98-460, does not constitute a reopening of the decision in the prior application.

FACTS

On May 4, 1981, the appellant, George Passopulos...

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