STATE OF N.Y. v. SULLIVAN

Nos. 1346, 1520, Dockets 90-6044, 90-6092.

906 F.2d 910 (1990)

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, Herminia Gonzalez, all others similarly situated, Plaintiffs-Appellees, Cross-Appellants, v. Louis W. SULLIVAN, M.D., as Secretary of the United States Department of Health and Human Services; Docas Hardy, as Commissioner of the Social Security Administration; and the United States Department of Health and Human Services, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1990.


Attorney(s) appearing for the Case

Evelyn M. Tenenbaum, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen., State of N.Y., Yvonne Powe, Asst. Atty. Gen., Neil Corwin, William J. Thom, Asst. Corp. Counsel of New York City, Victor A. Kovner, Corp. Counsel, New York City, Joyce D. Long, Asst. Suffolk County Atty., E. Thomas Boyle, Suffolk County Atty., Hauppage, N.Y., of counsel), for Governmental plaintiffs-appellees, cross-appellants.

David S. Udell, Legal Services for the Elderly, New York City (Toby Golick, Jonathan A. Weiss, Legal Services for the Elderly, Wayne G. Hawley, Jill A. Boskey, MFY Legal Services, New York City, Jill A. Siegal, Kenneth J. Barnes, Bronx Legal Services, Bronx, N.Y., Lewis Golinker, Legal Services of Central New York, Syracuse, N.Y., of counsel), for individual plaintiffs and plaintiff class-appellees-cross-appellants.

Diogenes P. Kekatos, Asst. U.S. Atty. (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Edward T. Ferguson, III, Asst. U.S. Atty., New York City, of counsel), for defendants-appellants, cross-appellees.

David Orentlicher, Kirk B. Johnson, Edward B. Hirshfeld, American Medical Ass'n and American College of Cardiology, Chicago, Ill., as amici curiae.

Before KAUFMAN, KEARSE and MINER, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

As the agency charged with administering the Social Security Act (the "Act"), the Department of Health and Human Services ("HHS") has a vital responsibility to evaluate the claims of those with debilitating heart diseases fairly and accurately. This is especially the case when afflictions disable people from working and adverse agency decisions threaten claimants and their families with indigency.

This action challenges the...

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