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WILSON v. SULLIVAN

Civ. A. No. 83-3771(SSB).

709 F.Supp. 1351 (1989)

John WILSON and Mary Christopher, on their own behalf and on behalf of others similarly situated, Plaintiffs, v. Hon. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. New Jersey.

March 31, 1989.

Attorney(s) appearing for the Case

Jan R. Evans, P.A. by Richard E. Yaskin, Medford, N.J., for plaintiffs.

Samuel A. Alito, Jr., U.S. Atty. by Peter G. O'Malley, Sp. Asst. U.S. Atty., Newark, N.J., for defendant.

OPINION

BROTMAN, District Judge.

This is a class action lawsuit against the Secretary of Health and Human Services ("the Secretary") challenging his severity regulation, step two of his five-step sequential evaluation procedure for determining whether a disability benefits claimant is disabled. The court granted injunctive relief in October 1985 on the ground that step two was facially invalid. The Secretary unsuccessfully appealed to the Third Circuit,...

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