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DIXON v. SHALALA

No. 212, Docket 94-6040.

54 F.3d 1019 (1995)

David DIXON, and all others similarly situated, Plaintiffs-Appellees, and State of New York and Michael J. Dowling, as Commissioner of the New York State Department of Social Services, Intervenors-Plaintiffs-Appellees, v. Donna E. SHALALA, as Secretary of the Department of Health & Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 19, 1995.

Attorney(s) appearing for the Case

Sapna V. Raj, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Ping C. Moy and Steven M. Haber, Asst. U.S. Attys., of counsel), for defendant-appellant.

Matthew Diller, of counsel to The Legal Aid Soc., New York City (Helaine D. Barnett, Deputy Atty. in Charge, Scott A. Rosenberg, Acting Director of Litigation, Civil Appeals & Law Reform Unit, Richard E. Blum, of counsel; Rolando T. Acosta, Atty. in Charge, Susan R. Sternberg, of counsel, Brooklyn, NY; Deborah A. Bigel, Stroock & Stroock & Lavan, New York City, of counsel), for plaintiffs-appellees.

G. Oliver Koppell, Atty. Gen. of the State of New York, Mary Fisher Bernet, Asst. Atty. Gen., New York City, for intervenors-plaintiffs-appellees.

Before: OAKES, KEARSE and MINER, Circuit Judges.

OAKES, Senior Circuit Judge:

This appeal involves litigation initiated more than a decade ago on behalf of more than 200,000 claimants whose applications for benefits were denied on the basis of what the trial court found to be systematic and covert misapplication of the disability regulations. Defendant Donna Shalala, Secretary of Health and Human Services (the "Secretary"), appeals from a December 22, 1993, final order (the "Remedial Order") of the United States...

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