What is the effect of res judicata on a disability application?
The following excerpt is from Hammock v. Bowen, 879 F.2d 498 (9th Cir. 1989):
Hammock provided new medical evidence of ulcers, rashes and some degeneration of the spine, as well as evidence of the existence of arthritis in her feet. Additionally, it is significant that the claimant turned 55 prior to the present benefits application. Her "attainment of 'advanced age' constitutes a changed circumstance precluding the application of res judicata to the first administrative law judge's ultimate finding against disability." Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir.1988); see also 20 C.F.R. Sec. 404.1563(d) (1987).
The Secretary's Treatment of the Physician's Opinion
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