Gale TUSTIN, Milton Ruiz, and Ismael Soto and All Persons Similarly Situated, Plaintiffs-Appellees,
v.
Margaret HECKLER, Secretary of United States Department of Health and Human Services, Defendant-Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 11, 1984.
Decided December 7, 1984.
Attorney(s) appearing for the Case
David A. Saltman, Julius J. Feinson, Kevin Kovacs (Argued), Newman, Herman, Saltman, Levitt & Feinson, P.A., East Windsor, N.J., for plaintiffs-appellees.
W. Hunt Dumont, U.S. Atty., Newark, N.J., Richard K. Willard, Acting Asst. Atty. Gen., William Kanter, Robert V. Zener (Argued), Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.
Robert Abrams, Atty. Gen. of the State of N.Y., Frederick Mehlman, Paul M. Glickman, Mary Fisher Bernet, Asst. Attys. Gen., New York City, for amicus curiae State of N.Y. in support of plaintiffs.
Before SEITZ and BECKER, Circuit Judges, and ROSENN, Senior Circuit Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
BECKER, Circuit Judge.
On April 14, 1984, responding to widespread problems in the administration of the Social Security Disability Program and to the expectation that comprehensive legislation would soon be enacted to alleviate these problems, the Secretary of Health and Human Services (the "Secretary") decided to suspend periodic review of disability determinations. The periodic review program...
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