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LUNA v. BOWEN

No. 86-2480.

834 F.2d 161 (1987)

Magdalena G. LUNA, James L. Hambley, and Ronald G. Higgins, Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary, United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 24, 1987.

Attorney(s) appearing for the Case

Michael Kimmel, Attorney, Appellate Staff Civil Div. (Richard K. Willard, Asst. Atty. Gen., Robert N. Miller, U.S. Atty., and William Kanter, Attorney, Appellate Staff Civil Div., with him on the brief), Dept. of Justice, Washington, D.C., for defendant-appellant.

Bernard A. Poskus, Legal Aid Soc. of Metropolitan Denver, Inc., Denver, Colo. (E. Eric Solen, Pikes Peak Legal Services, of Colorado Springs and Daniel Taubman, Colorado Coalition of Legal Services Programs, of Denver, Colo., with him on the brief), for plaintiffs-appellees.

Before HOLLOWAY, Chief Circuit Judge, SEYMOUR, Circuit Judge, and SAFFELS, District Judge.

SEYMOUR, Circuit Judge.

This action involves a class challenge of the Social Security Administration's regulations, policies, and practices as they relate to the role of pain in the evaluation of disability claims. The named plaintiffs and intervenors sought class relief on the ground that agency decision makers have been systematically denying benefit claims based on disabling pain by improperly requiring objective corroboration of the severity of pain. The district...

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