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SCHISLER v. SULLIVAN

Nos. 786, 909, 773, 900, Docket 92-6232, 92-6234, 92-6233, 92-6243.

3 F.3d 563 (1993)

Robert SCHISLER, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellant-Cross-Appellee. Jonathan ALDRICH, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 23, 1993.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Atty., Civil Div., Appellate Staff, Dept. of Justice, Washington, DC (William Kanter, Atty., Civil Div., Appellate Staff, Dept. of Justice, Stuart M. Gerson, Asst. Atty. Gen., Washington, DC, Dennis C. Vacco, U.S. Atty., W.D.N.Y., Buffalo, NY, Charles A. Caruso, U.S. Atty., D. Vt., Rutland, VT, of counsel), for defendant-appellant-cross-appellee.

Bryan D. Hetherington, Rochester, NY (Catherine M. Callery, Monroe County Legal Assistance Corp., Edwin J. Lopez-Soto, Greater Upstate Law Project, Rochester, NY, David S. Buckel, Harlem Legal Services, New York City, Alan B. Block, Neighborhood Legal Services, Buffalo, NY, Lewis A. Golinker, Ithaca, NY, of counsel), for Schisler plaintiffs-appellees-cross-appellants.

Joan C. Bauer, Montpelier, VT (Alexander Scherr, Vermont Legal Aid, Inc., St. Johnsbury, VT, of counsel), for Aldrich plaintiffs-appellees-cross-appellants.

Before: KEARSE, WINTER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

This consolidated appeal involves regulations issued by the Secretary of Health and Human Services ("HHS") modifying the so-called "treating physician rule" used to adjudicate Social Security disability claims. Two district courts upheld the new regulations with respect to disability adjudications within HHS but held that the treating physician rule as fashioned by this court would continue to apply in appeals from those adjudications to the...

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