HINCKLEY v. SECRETARY OF H. & H.S.

Nos. 84-1004, 84-1133.

742 F.2d 19 (1984)

Marjorie HINCKLEY, on behalf of James J. MARTIN, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee. Janice PONTE, on behalf of Kenneth PONTE, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 22, 1984.


Attorney(s) appearing for the Case

Richard K. Latimer, Falmouth, Mass., with whom Kistin, Babitsky, Latimer, Kalnins & Beitman, Falmouth, Mass., were on brief, for Janice Ponte, o/b/o Kenneth Ponte.

Sandra L. Smales, Pittsburgh, Pa., for Marjorie Hinckley, o/b/o James J. Martin.

Robert J. Triba, Asst. Regional Atty., Dept. of Health and Human Services, Boston, Mass., with whom William F. Weld, U.S. Atty., Gregory C. Flynn, and Jeffrey R. Martin, Asst. U.S. Atty., Boston, Mass., were on brief, for Secretary of Health and Human Services.

Before COFFIN, Circuit Judge, STEWART, Associate Justice (Retired) and BREYER, Circuit Judge.


COFFIN, Circuit Judge.

This consolidated appeal challenges the Secretary of Health and Human Services' guidelines for determining whether a child under the age of eighteen is disabled. Marjorie Hinckley brought an action on behalf of her son James Martin, who has behavioral difficulties, moderate hearing loss, and a suspected seizure disorder that has not been confirmed by testing. The Secretary found that the child's impairments...

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