The STATE OF NEW YORK, Cesar Perales, as Commissioner of the New York State Department of Social Services, the City of New York, the County of Suffolk, Peter F. Cohalan, as County Executive of the County of Suffolk, Anita Romero, as Commissioner of the Suffolk County Department of Social Services, and Walthon White, Haydee Guzman, Anibal Villanueva, Rafael Rivera, Gladys Dominguez, Hector Muniz, Luis Diaz, Cathryn Gibbons, Maria Gonzalez, Jorge Perez, Edwarda Rivera, and Hermina Gonzalez, and all others similarly situated, Plaintiffs,
v.
Otis R. BOWEN, M.D., as Secretary of the United States Department of Health and Human Services, Martha McSteen, as Commissioner of the Social Security Administration, and the United States Department of Health and Human Services, Defendants.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
January 12, 1987.
January 12, 1987.
Attorney(s) appearing for the Case
Robert Abrams, Atty. Gen. of the State of N.Y., New York City, pro se and for plaintiff Cesar Perales; Paul M. Glickman, Evelyn M. Tenenbaum, Marla Tepper, Asst. Attys. Gen., of counsel.
Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City, for plaintiff City of N.Y.; Lois May, Asst. Corp. Counsel, of counsel.
Suffolk County Atty., Hauppage, N.Y., for Suffolk County, Peter F. Cohalan, as County Executive of Suffolk County, and Anita Romao, As Comr. of Suffolk County Dept. of Social Services; Robert Cimino, Asst. Co. Atty., of counsel.
Bronx Legal Services, Bronx, N.Y., for individual plaintiffs Cathryn Gibbons, Maria Gonzalez, Hector Muniz, Jorge Perez, Edwarda Rivera, and Class Representative; Lucy Billings, Director of Litigation, of counsel.
MFY Legal Services, Inc., New York City, for individual plaintiffs Haydee Guzman, Anibal Villanueva, Rafael Rivera, Gladys Dominguez, Luis Diaz, Hermina Gonzalez, and Class Representative; Margaret Sandercock, of counsel.
New York Lawyers for Public Interest, New York City, for Class Representative; Lewis Golinker, of counsel.
Legal Services for the Elderly, New York City, for individual plaintiff Walthon White and class representative; Toby Golick, Senior Atty., of counsel.
Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; Frederick M. Lawrence, Asst. U.S. Atty., Annette H. Blum, Chief Cousnel—Region II, Gail N. Mancher, Asst. Regional Counsel, Office of the General Counsel, Dept. of Health and Human Services, of counsel.
United States District Court, S.D. New York.
ROBERT L. CARTER, District Judge.
This class action charges the Secretary of the Department of Health and Human Services ("the Secretary")1 with an unlawful policy of withholding disability benefits. Specifically, plaintiffs allege that by applying certain per se rules, the Secretary has denied or terminated Social Security Disability Insurance ("SSDI") and Supplemental Security Income ("SSI") to individuals disabled by cardiovascular...
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