ZEBLEY BY ZEBLEY v. BOWEN

No. 87-1692.

855 F.2d 67 (1988)

ZEBLEY, Brian, by his parent and natural guardian, ZEBLEY, John, on behalf of himself and on behalf of a class of all others similarly situated Intervenor: Raushi, Evelyn, by her parent and natural guardian, Raushi, Mary Intervenor: Love, Joseph, Jr., by his parent and natural guardian, Margarite Love, Appellants, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided August 10, 1988.

Rehearing and Rehearing Denied October 18, 1988.


Attorney(s) appearing for the Case

Mark Kauffman, Delaware County Legal Assistance, Chester, Pa., Jonathan M. Stein (argued), Richard P. Weishaupt, Sheila Zakre, Community Legal Services, Philadelphia, Pa., for appellants.

Barbara Koppa Gerolamo, Asst. U.S. Atty., Philadelphia, Pa., Peter S. Krynski (argued), Office of the General Counsel, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., Dorothea Lundelius, DHHS/OGC/Region 111, Philadelphia, Pa., for appellees.

Ilene W. Shane, Disabilities Law Project, Philadelphia, Pa., amicus curiae, Pennsylvania Protection and Advocacy, Inc., et al. — on side of appellants.

Leonard S. Rubenstein, Mental Health Law Project, Washington, D.C., amicus curiae, The American Academy of Child and Adolescent Psychiatry, et al. — on side of appellants.

Marilyn Holle, Protection and Advocacy, Inc., Los Angeles, Cal., Elizabeth Jameson, Youth Law Center, Alice Bussiere, Nat. Center for Youth Law, San Francisco, Cal., Grace Galligher, Dir. Atty., Coalition of California Welfare Rights Organizations, Sacramento, Cal., amicus curiae, Spina Bifida Ass'n of Greater Los Angeles, Welfare Recipients League and Russell Champaign — on side of appellants.

Before GIBBONS, Chief Judge, and MANSMANN and COWEN, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 18, 1988.

OPINION OF THE COURT

MANSMANN, Circuit Judge:

This appeal requires us to examine the policies and procedures used by the Secretary of Health and Human Services in determining whether a child is "disabled," so as to be eligible for Supplemental Security benefits. A child is defined by statute to be disabled by "any medically determinable physical or mental impairment of comparable...

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