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McDONALD v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 86-1288, 86-1359.

795 F.2d 1118 (1986)

Claire McDONALD, et al., Plaintiffs, Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

July 17, 1986.

Attorney(s) appearing for the Case

Etzion Brand, Office of the General Counsel, Social Sec. Div., with whom William F. Weld, U.S. Atty., Marianne B. Bowler, Asst. U.S. Atty., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec. Litigation, and A. George Lowe, Chief, Disability Litigation Branch, were on brief, for appellant.

Sarah F. Anderson with whom Sandra Smales, Greater Boston Legal Services, Linda L. Landry, Neighborhood Legal Services, and Laura Rosenthal, Massachusetts Law Reform Institute, were on brief, for appellees.

Before CAMPBELL, Chief Judge, and COFFIN and TORRUELLA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

In this class action, applicants for social security disability insurance benefits challenge two regulations promulgated by the Secretary of Health and Human Services. First, the applicants challenge "Step 2" of the Secretary's sequential evaluation process, under which the Secretary may deny disability benefits if he determines that the applicant's impairment is not "severe." Second, they challenge the Secretary's policy prior to December...

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