Patrick H. HYATT; Herman O. Caudle and Mary P. Lovingood, on behalf of themselves and all others similarly situated, Plaintiffs,
and
North Carolina Department of Human Resources, Disability Determination Services, Plaintiff-Intervenor,
Margaret M. HECKLER, or her successors in office, Secretary of the United States Department of Health and Human Services, Defendant.
United States District Court, D. North Carolina, Charlotte Division.https://leagle.com/images/logo.png
February 14, 1984.
February 14, 1984.
Attorney(s) appearing for the Case
Jane Harper, Legal Services of Southern Piedmont, Inc., Charlotte, N.C., John Wester, Fleming, Robinson, Bradshaw & Hinson, Charlotte, N.C., for plaintiffs.
Jeffrey L. Bishop, Charlotte, N.C., for North Carolina Dept. of Human Resources.
Richard S. Poe, Asst. U.S. Atty., Charlotte, N.C., Jason Baron, U.S. Dept. of Human Services, Baltimore, Md., for defendant.
United States District Court, D. North Carolina, Charlotte Division.
McMILLAN, District Judge.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION THAT THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES SHOULD(1) STOP DENYING CLAIMS FOR SOCIAL SECURITY DISABILITY BENEFITS BASED ON HYPERTENSION OR DIABETES MELLITUS UPON THE THEORY THAT WITHOUT END-ORGAN DAMAGE (TO HEART, EYES, KIDNEYS OR BRAIN) THE CLAIMANT DOES NOT HAVE A "SEVERE IMPAIRMENT"(2) STOP DENYING CLAIMS FOR SOCIAL SECURITY DISABILITY...
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