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,
v.
Otis R. BOWEN, Secretary of the United States 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-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued February 1, 1988.
Decided June 23, 1988.
Opinion on Petition for Rehearing September 19, 1988.
Attorney(s) appearing for the Case
Frank A. Rosenfeld, Attorney, Civil Div., Appellate Staff, Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Roger P. Williams, U.S. Atty., William Kanter, Attorney, Civil Div., Appellate Staff, Dept. of Justice, Washington, D.C., of counsel), for defendants-appellants.
Catherine M. Callery, Rochester, N.Y. (Bryan D. Hetherington, Monroe County Legal Assistance Corp., Rochester, N.Y., Lewis Golinker, Frederick Stanczak, Legal Services of Cent. New York, Inc., Syracuse, N.Y., Olney Clowe, Neighborhood Legal Services, Buffalo, N.Y.), for plaintiffs-appellees.
Joan Bauer, Vermont Legal Aid, Inc., Montpelier, Vt., for plaintiffs in Aldrich v. Bowen as amici curiae.
Peter L. Zimroth, Corp. Counsel of the City of New York (Alice Morey, Alexandra S. Bowie, Attys., Corp. Counsel City of New York, New York City, of counsel), David Udell, M.F.Y. Legal Services, Inc., New York City, Nancy Morawetz, Michael Kink, Legal Intern, Washington Square Legal Services, New York City, Burt Neuborne, New York University School of Law, New York City, for New York City and the Stieberger Class as amici curiae.
Before WINTER, PRATT and ALTIMARI, Circuit Judges.
United States Court of Appeals, Second Circuit.
WINTER, Circuit Judge:
This appeal follows proceedings in the district court subsequent to our remand in Schisler v. Heckler,787 F.2d 76 (2d Cir.1986) ("Schisler I"). Pursuant to that remand, the Secretary of Health and Human Services proposed a draft Social Security Ruling ("SSR") that purported to embody the "treating physician rule." Judge Elfvin made extensive revisions of this draft SSR and ordered the Secretary...
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