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TRUJILLO v. HECKLER

Civ. A. No. 82-K-1505.

569 F.Supp. 631 (1983)

John TRUJILLO, et al., Plaintiffs, v. Margaret HECKLER, Secretary, Department of Health and Human Services, Defendant.

United States District Court, D. Colorado.

August 16, 1983.

Attorney(s) appearing for the Case

Linda J. Olson and Michael J. Steiner, Legal Aid Soc. of Metropolitan Denver, Denver, Colo., for plaintiffs and some plaintiffs-intervenors.

Daniel M. Taubman, Colorado Coalition of Legal Service Programs, Denver, Colo., R. Eric Solem, Pikes Peak Legal Services, Colorado Springs, Colo., Carol Glowinsky, Legal Aid & Defender Program, Boulder, Colo., for all plaintiffs.

Bernard A. Poskus, Colorado Rural Legal Services, Grand Junction, Colo., for Rother.

William Redak, Jr., Longmont, Colo., for Gypin.

John G. Detmer, Denver, Colo., for Fontaine.

John R. Barksdale, Asst. U.S. Atty., Denver, Colo., for defendant.

ORDER GRANTING SUMMARY JUDGMENT

KANE, District Judge.

This case comes before me on cross-motions for partial summary judgment. At issue is whether the secretary may terminate social security disability benefits (SSDI) and supplemental security income benefits (SSI) without first finding a material medical improvement1 in the recipient's condition or without giving a presumptive effect to the earlier determination of disability...

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