IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20257
Summary Calendar
MARTIN LEAL,
Plaintiff-Appellant,
versus
SHIRLEY S. CHATER, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Texas
(CA-H-93-3052)
September 12, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Martin Leal failed to timely appeal the district court’s
judgment affirming the denial of his disability benefits. Because
of this failure, this appeal is limited to a review of the district
court’s denial of Leal’s motion to amend the judgment under Fed. R.
Civ. P. 60(b).
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
We affirm. A district court abuses its discretion in refusing
to grant relief under Rule 60(b) only in the rare case. First
Nationwide Bank v. Summer House Joint Venture, 902 F.2d 1197, 1200
(5th Cir. 1990). The court below did not abuse its discretion
here. Leal has already filed one application for disability
benefits for at least some of the time period covered by this
application; that application was denied, and the denial is now
final. To the extent that Leal seeks disability benefits prior to
December 21, 1987, he is barred by the doctrine of res judicata.
See United States v. Utah Construction & Mining Co., 384 U.S. 394,
421-22 (1966). Because Leal has raised nothing other than a
conclusory constitutional argument, the doctrine of Califano v.
Sanders, 430 U.S. 99, 107-08 (1977), does not apply. See
Brandyburg v. Bowen, 803 F.2d 808, 810 (5th Cir. 1986).
To the extent that Leal seeks disability benefits post
December 31, 1987, he may not recover because his insured status
expired on that date. See Ivy V. Sullivan, 898 F.2d 1045, 1048
(5th Cir. 1990).
AFFIRMED.
2