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Class Action

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Westlaw Citation Avery V. Sec'y HHS

Generally, a remand order is an interlocutory order that does not divest a court of jurisdiction over a case. Absent a clear statement to the contrary, legislation should not ordinarily be interpreted to oust a federal court's equitable power, or its jurisdiction over a pending case. Social Security Disability Benefits Reform Act of 1984 requires use of the "medical improvement" standard in continuing disability reviews. Where statute provides that "[t]he Secretary shall notify [an individual class member] by certified mail that he may request a review of" his disqualification, district court has authority to establish the content of the notice. Orders requiring SSA to issue specific notices and to follow certain procedures for determining class membership were like an injunction and were appealable on an interlocutory basis.

1/1/1985
Westlaw Citation Crosby V. SSA

"It would be an unwarranted judicial intrusion into this pervasively regulated area for federal courts to issue injunctions imposing deadlines with respect to future disability claims." Suit for injunction requiring Social Security Administration to adjudicate claims for disability benefits without further delay could not be litigated as class action, as any delays could be analyzed for reasonableness only in context of individual cases.

1/1/1986
Westlaw Citation McCuin V. Sec'y HHS

Own motion reopening by Appeals Council limited to 60 days; reopening after 60 days allowed only on the motion of claimants. Court gives considerable deference to an agency's interpretation of its own regulations,and construe the provisions of the relevant regulations and statutes to have cohesive meaning. Where only declaratory and injunctive relief sought, plaintiffs not required to identify class members once the existence of the class has been demonstrated. Courts have broad discretion to grant or deny class certification. Class certification issue remanded where plaintiff's lack of evidence supporting class certification was due to defendant's failure to respond to discovery requests.

1/1/1987


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