Legal Opinion

Avery v. Heckler

District Court, D. Massachusetts

Decided April 12, 1984No. Civ. A. 82-3963-GPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

GARRITY, District Judge.

Plaintiffs, on their own behalf and on behalf of all others similarly situated, seek declaratory and injunctive relief against the Secretary of Health and Human Services (“the Secretary”) for allegedly terminating their disability benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. § 401 et seq., and Title XVI of the Act, 42 U.S.C. § 1381 et seq., in violation of the Act, the regulations promulgated thereunder, and the Fifth and Fourteenth Amendments to the United States Constitution. Plaintiffs challenge a number of the…

2Cases cited40 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. Gerstein v. PughSupreme Court of the United States · 1975
  4. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  5. Weinberger v. SalfiSupreme Court of the United States · 1975

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3Cited by9 opinions

  1. Ernest E. Avery v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1985
  2. Tustin v. HecklerDistrict Court, D. New Jersey · 1984
  3. Nebraska ex rel. Bruning v. United States Department of Health & Human ServicesDistrict Court, D. Nebraska · 2012
  4. Thomas v. HecklerDistrict Court, M.D. Alabama · 1984
  5. United States v. 36.96 Acres of Land, More or Less, Situated in County OfCourt of Appeals for the Seventh Circuit · 1985

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