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CONDON v. BOWEN

Nos. 1217, 1218, Dockets 87-6241, 87-6243.

853 F.2d 66 (1988)

William CONDON, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant. Leatrice BRODNER, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 27, 1988.

Attorney(s) appearing for the Case

Carlotta P. Wells, Office of the General Counsel, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md. (Stanley A. Twardy, Jr., U.S. Atty., D. Conn., New Haven, Conn., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec. Litigation, A. George Lowe, Chief, Disability Litigation Branch, Dept. of Health and Human Services, Baltimore, Md., of counsel), for defendant-appellant.

Whitney M. Lewendon, New Haven, Conn. (Coan, Lewendon and Royston, New Haven, Conn., of counsel), for plaintiffs-appellees William Condon and Leatrice Brodner.

Before MESKILL and WINTER, Circuit Judges, and STEWART, District Judge.

MESKILL, Circuit Judge:

This appeal raises the question of whether interim payments issued by the defendant-appellant, Otis R. Bowen, Secretary of the Department of Health and Human Services (the Secretary) pursuant to the Social Security Disability Benefits Reform Act of 1984, Pub.L. No. 98-460, § 2(e), 98 Stat. 1794, 1798-99 (1984) (the Reform Act) are "past-due" benefits within the meaning of section 206(b)(1) of the Social Security Act, 42 U.S.C. § 406...

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