Res Judicata and Reopening of Social Security Decisions

The hallmark of res judicata is finality. Essentially, once a court has entered a final judgment conclusively establishing the rights of the parties on the merits of the dispute, such decision is final and will bar subsequent actions based on the same claim or cause of action. This rule of civil procedure has been adapted and applied to administrative actions, including social security decisions.

An exception to the finality of a social security decision is a "reopening." The concept of res judicata is included in the criteria for reopening a social security decision. Such a decision can be reopened if one of various circumstances occur. For example, a reopening is allowed within one year of the decision, for any reason, and within four years from the initial determination if good cause is shown. Additionally, reopenings are possible if, for example, the decision was obtained by fraud or the person on whose earnings record the claim is based was determined to be deceased, but later found to be alive. However, should none of the criteria be met, a reopening is denied and the social security decision remains final.

For operation in the administrative context here, res judicata requires that the parties, claims, issues, and facts be the same as in the previously determined administrative action. Therefore, a decision that disallows social security disability benefits to an individual who claims the inability to work from a back injury will preclude such a claim from being subsequently addressed absent compliance with the reopening criteria. An administrative law judge has the power to outright dismiss a claim that is barred by res judicata principles.

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