CITY OF NEW YORK v. HECKLER

No. CV-83-0457.

578 F.Supp. 1109 (1984)

CITY OF NEW YORK, et al., Plaintiffs, v. Margaret M. HECKLER, As Secretary of HHS, et al., Defendants.

United States District Court, E.D. New York.

January 11, 1984.


Attorney(s) appearing for the Case

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York by Thomas W. Bergdall, Lois M. May, Asst. Corp. Counsels, Robert Abrams, Atty. Gen. of the State of N.Y. by Paul M. Glickman, Howard L. Zwickel, Asst. Attys. Gen., Rosenman, Colin, Freund, Lewis & Cohen by Ambrose Doskow, Jan G. Zager, New York City, Leonard S. Rubenstein, Mental Health Law Project, Washington, D.C., for plaintiffs.

Raymond J. Dearie, U.S. Atty., E.D.N.Y. by Reuben S. Koolyk, Asst. U.S. Atty., Brooklyn, N.Y., Annette H. Blum, Regional Atty., Region II, Dept. of Health and Human Services, New York City, by Gail N. Mancher, New York City, for defendants.

PARTIAL GLOSSARY

1. POM's—SSA's Program Operations Manual Systems

2. QED Form—SSA's Psychiatric Review Form

3. RFC—Residual Functional Capacity

4. SSA—Social Security Administration

5. SSD—Social Security Disability

6. SSI—Supplemental Security Income

7. State ODD—New York State Office of Disability Determinations


MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

This case raises difficult issues respecting protection of the rights of claimants by the bureaucracy charged with dispensing social security disability and supplemental security income benefits. Courts assume that professionals such as doctors, lawyers and managers responsible for important government institutions will enforce the law with scrupulous impartiality and concern for the rights of their clients—...

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