The Online Resource for Massachusetts Poverty Law Advocates

Avery V. Sec'y HHS

Date: 
01/01/1985

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.


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