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GUADAMUZ v. HECKLER

No. C-84-6396 MHP.

662 F.Supp. 1060 (1986)

Gwendolyn GUADAMUZ, et al., Plaintiffs, v. Margaret HECKLER, Secretary of Human Services, et al., Defendant.

United States District Court, N.D. California.

October 23, 1986.

Attorney(s) appearing for the Case

Allan C. Miller, Glenn Clark, Withy, Miller, Gerstler & Clark, Berkeley, Cal., for plaintiffs.

Deborah Seymour Shefler, Asst. U.S. Atty., Civ. Div., San Francisco, Cal., Larry Banks, Asst. U.S. Atty., Office of General Counsel, Social Security Div., Dept. of Health & Human Services, Baltimore, Md., for defendant.

OPINION

PATEL, District Judge.

Plaintiffs originally brought this class action challenging the Secretary of Health and Human Services ("Secretary") policy of delaying the payment of retroactive benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433 (1983) ("Title II") until after retroactive benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383 (1982) ("Title XVI") were calculated and paid in "concurrent...

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