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ALDRICH v. SCHWEIKER

Civ. A. No. 80-279.

555 F.Supp. 1080 (1982)

Jonathan ALDRICH, Leroy Bishop, Beverly Clothey, Ruth MacLeod and Richard Nichols, on behalf of themselves and all others similarly situated v. Richard SCHWEIKER, in his official capacity as Secretary of Health and Human Services and Theodore Allen, in his official capacity as Administrator of the Vermont Disability Determination Services.

United States District Court, D. Vermont.

April 14, 1982.

Attorney(s) appearing for the Case

James Libby, Vt. Legal Aid, Inc., Montpelier, Vt., and Dan Jerman, Vt. Legal Aid, Inc., St. Johnsbury, Vt., for plaintiffs.

P. Scott McGee, Asst. U.S. Atty., Burlington, Vt., for defendant Schweiker.

Michael McShane, Asst. Atty. Gen., State of Vt., Montpelier, Vt., for defendant Allen.

OPINION AND ORDER

COFFRIN, District Judge.

This is a civil action seeking declaratory and injunctive relief against state and federal officials. Plaintiffs claim that regulations, policies, and practices that defendants use in evaluating claims for disability benefits under Title II of the Social Security Act (the Act), 42 U.S.C. §§ 401-433 and Title XVI of the Act, 42 U.S.C. §§ 1381-1385, are inconsonant with the definition of disability...

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