Trujillo v. Heckler

ORDER GRANTING SUMMARY JUDGMENT

KANE, District Judge.

This case comes before me on cross-motions for partial summary judgment. At issue is whether the secretary may terminate social security disability benefits (SSDI) and supplemental security income benefits (SSI) without first finding a material medical improvement 1 in the recipient’s condition or without giving a presumptive effect to the earlier determination of disability. In an earlier ruling I certified this case as a class action and denied the secretary’s motion to dismiss for lack of jurisdiction.

The named plaintiffs are residents of…