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McDONALD v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 87-1261.

834 F.2d 1085 (1987)

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

United States Court of Appeals, First Circuit.

Decided December 8, 1987.

Attorney(s) appearing for the Case

Etzion Brand, Office of General Counsel, Social Sec. Div., Dept. of Health and Human Services, Washington, D.C., with whom Frank L. McNamara, Jr., U.S. Atty., Nicholas C. Theodorou, Asst. U.S. Atty., Boston, Mass., 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, Baltimore, Md., were on brief for defendant, appellant.

Sarah F. Anderson, Greater Boston Legal Services, with whom Nancy Lorenz, Greater Boston Legal Services, Boston, Mass., Alan S. Els, Cambridge and Somerville Legal Services, Linda Landry, Neighborhood Legal Services, Lynn, Mass., and Laura Rosenthal, Massachusetts Law Reform Institute, Boston, Mass., were on brief for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, NOONAN and SELYA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

This is an appeal by the Secretary of Health and Human Services (the Secretary) from two remedial orders of the district court that were issued as an aftermath to our 1986 decision on the merits of this class action. McDonald v. Secretary of Health & Human Services, 795 F.2d 1118 (1st Cir.1986). In that decision, we reversed the district court and upheld the so-called step 2 severity regulation...

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