the issue of his disability between January 26, 1954 and April 25, 1956. However, the claimant met the special earning requirements of the Social Security Act until September 30, 1957 so that if he qualified under the disability provisions of the statute between April 25, 1956 and September 30, 1957, the problem of res judicata may be avoided.
Nevertheless, the plaintiff may not simply relitigate the same issues that were presented on the first application or else there would be no end to litigation before the administrative boards and the courts. To allow a claimant to file repeated applications based on the same accident but only for different time periods without any material medical change during those periods is certainly violating all principles of finality as set forth in the Social Security Act and accompanying regulations.
The claimant concedes that he is basing his present disability claim on his accident of January 24, 1954 and that nothing has changed since that time. None of the recent medical evidence presented at the second hearing indicates any change in his condition during the critical period from April 25, 1956 to September 30, 1957. While several of the recent medical reports conclude that his impairments are such that he is unable to work, they either relate them back to the period prior to April 26, 1956 or else do not relate them to any occurrence, deterioration, or change during the insured period from April 1956 to September 1957. These reports are for the most part merely cumulative of those submitted at the hearing on the first application. See, Eplin v. Celebrezze, 214 F. Supp. 836, 838 (S.D.W.Va.1963).
The disability claim presented to this court is essentially the same as that presented to the Social Security Administration in 1956. The claimant has no new facts and has not demonstrated that the issues presented here are different in any significant way from the ones initially adjudicated. As stated in Phillip v. Ribicoff, 211 F. Supp. 510, 513 (E.D.Pa.1962), aff'd per curiam, 319 F.2d 530 (3d Cir. 1963), the res judicata effect given to an administrative decision from which a timely appeal is not taken:
"could not be thwarted by a later application unless the second application was based on facts dissimilar from those contained in the original application or which might conceivably consist of a different work period having evolved since the original application."