David DIXON, Ricardo Ramirez, Ophelia Casey, Dominga Carrasquillo, Joanne Lockett, individually and on behalf of all others similarly situated, Plaintiff,
v.
Margaret M. HECKLER, as Secretary of the Department of Health and Human Services, Defendant.
Eulalia TEREZ, individually and on behalf of all others similarly situated, Plaintiff,
v.
Margaret M. HECKLER, as Secretary of the Department of Health and Human Services, Defendant.
Carmen FELICIANO, individually and on behalf of all others similarly situated, Plaintiff,
v.
Margaret M. HECKLER, as Secretary of the Department of Health and Human Services, Defendant.
Tomasina GONZALEZ, Plaintiff,
v.
Margaret M. HECKLER, as Secretary of the Department of Health and Human Services, Defendant.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
June 22, 1984.
June 22, 1984.
Attorney(s) appearing for the Case
Conrad A. Johnson, David Goldfarb, John E. Kirklin, Director of Litigation, Civ. Appeals and Law Reform Unit, Arthur J. Fried, Supervising Atty., Administrative Law Unit, The Legal Aid Soc., New York City, for plaintiffs; Jon C. Dubin, Ian Feldman, Stephen J. Loffredo, Bronx Neighborhood Office, Nancy Morawetz, The Legal Aid Soc., Civ. Appeals and Law Reform Unit, New York City, of counsel.
Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Susan E. Harkins, Asst. U.S. Atty., New York City, Tamar Klein, Asst. Regional Atty., Dept. of Health and Human Services, Brooklyn, N.Y., of counsel.
United States District Court, S.D. New York.
LASKER, District Judge.
I.
These cases present a question whose determination has twice been reserved by the Court of Appeals for this Circuit:1 whether the denial of federal disability claims under the so-called "severity regulation" adopted by the Secretary of Health and Human Services (the "Secretary") violates the Social Security Act (the "Act") because the regulation conflicts with the definition of "disability" contained...
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