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SCHISLER v. HECKLER

Nos. 1536, 1569, Dockets 85-6092, 85-6096.

787 F.2d 76 (1986)

Robert SCHISLER, Mary Miceli, Paulette Beard, Frank Powroznik, Rose Reese, Harry Delandro, Marjorie Hilts, Cinda Coleman, Rose Mitchell, and Kathran Tennant, on behalf of themselves and all other individuals similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. Margaret HECKLER, Secretary of the U.S. Department of Health and Human Services; Barbara Blum, as Commissioner of the New York State Department of Social Services; Sidney Houben, as Director of the New York State Department of Social Services Bureau of Disability Determinations, Defendants, Margaret Heckler, Secretary of the U.S. Department of Health and Human Services, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 2, 1986.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Dept. of Justice, Civil Div., Appellate Staff, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Salvatore R. Martoche, U.S. Atty., W.D.N.Y., William Kanter, Atty., Civil Div., Appellate Staff, Dept. of Justice, Washington, D.C., of counsel), for defendant-appellant-cross-appellee.

Lewis Golinker, New York Lawyers for Public Interest, New York City (Bryan D. Hetherington, Catherine M. Callery, Monroe County Legal Assistance Corp., Rochester, N.Y., and Olney Clowe, Neighborhood Legal Services, Buffalo, N.Y., of counsel), for plaintiffs-appellees-cross-appellants.

Robert Abrams, Atty. Gen. of State of N.Y., for amicus curiae State of N.Y.

Before NEWMAN and WINTER, Circuit Judges, and COFFRIN, District Judge.

WINTER, Circuit Judge:

On this appeal from a judgment in favor of a class of claimants for disability benefits, the Secretary of Health and Human Services ("the Secretary") seeks review of Judge Elfvin's decision establishing as members of the class eligible for relief all Social Security disability recipients whose benefits were terminated by the Social Security Administration ("SSA") on or after June 1, 1976 under the so-called "current disability" standard. SSA...

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