Holden v. Heckler

615 F. Supp. 682 (N.D. Ohio 1985) · United States District Court for the Northern District of Ohio, Eastern Division · February 13, 1985 · No. Civ. A. No. C84-548

Summary

The United States District Court for the Northern District of Ohio remanded the cases of named and unnamed class members to the Secretary of Health and Human Services for review under the Social Security Disability Benefits Reform Act of 1984. The court vacated a partial stay, retained jurisdiction, and ordered the Secretary to address remaining issues or support dismissal. In a subsequent order, the court denied the Secretary's motion for an emergency stay of a supplemental notice requirement.

Holdings

  1. The court remanded the case of named plaintiff Larry McGinty and the cases of the unnamed class members to the Secretary for review under sections 2(d)(2)(C) and 2(d)(3) of the Social Security Disability Benefits Reform Act of 1984.
  2. The district court retained jurisdiction to take other actions appropriate in light of the Social Security Disability Benefits Reform Act of 1984.
  3. The Secretary's motion for an emergency stay pending appeal was denied because the Secretary failed to establish a strong or substantial likelihood of success or irreparable injury, while delaying notice would substantially harm class members and would not serve the public interest.

Questions Presented

  1. Whether the Social Security Disability Benefits Reform Act of 1984 required remand of the named and unnamed class members' benefit-termination cases to the Secretary for review.
  2. Whether the district court retained jurisdiction after remand to issue orders appropriate in light of the Act.
  3. Whether the Secretary satisfied the applicable four-part standard for an emergency stay pending appeal of the supplemental notice order.

Disposition

other

Cases Cited (8)

  • Heckler v. Lopez, 104 S. Ct. 2164, 80 L. Ed. 2d 548 (1984)(applied)
  • Holden v. Heckler, 584 F. Supp. 463 (N.D. Ohio 1984)(followed)
  • Heckler v. Lopez, 105 S. Ct. 583, 83 L. Ed. 2d 694 (1984)(applied)
  • Heckler v. Kuehner, 105 S. Ct. 376, 83 L. Ed. 2d 312 (1984)(applied)
  • Brest v. Secretary of Health and Human Services, 754 F.2d 372 (6th Cir. 1984)(followed)
  • Holden v. Heckler, 584 F. Supp. 463, 497 (N.D. Ohio 1984)(followed)
  • Hamlin Testing Laboratories, Inc. v. United States Atomic Energy Commission, 337 F.2d 221, 222 (6th Cir. 1964)(applied)
  • Virginia Petroleum Jobbers Ass'n v. FPC, 259 F.2d 921 (D.C. Cir. 1958)(applied)

Cited In (0)

No citing cases on record yet.

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