Lorraine POLASKI, Et Al., Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellant

HEANEY, Circuit Judge.

This matter comes before this Court on remand from the Supreme Court of the United States, — U.S. —, 106 S.Ct. 2885, 90 L.Ed.2d 974. We were directed to reconsider our decision in Polaski v. Heckler, 751 F.2d 943 (8th Cir.1985) in light of Bowen v. City of New York, 476 U.S. —, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). Upon our request, the parties filed supplemental briefs.

The Secretary takes the position that our opinion must be amended to exclude from the class those people who filed claims with the Secretary within a stated time period but failed to exhaust their…