Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-17

Division 5: Temporary Instructions

Subject: Bailey, et al. v. Sullivan

Action Note

Remove Temporary Instruction (TI) 5-419, Weathers, et al. v. Bowen, issued July 31, 1986, which was rescinded by the Associate Commissioner's memorandum dated May 8, 1992.


On July 29, 1991, the United States District Court for the Middle District of Pennsylvania issued a final stipulation and order in the Bailey, et al. v. Sullivan class action involving the “not severe” impairment issue. The court ordered the Secretary to redetermine all class member claims.

Explanation of Content and Changes

This TI replaces TI-5-417, Bailey, et al. v. Bowen, dated May 9, 1986, that provided instructions for implementing the district court's orders of June 5 and December 3, 1985, as amended on July 31, 1985, and March 11, 1986, respectively. Those orders provided for class membership and relief, but they were subsequently vacated in light of the United States Supreme Court's decision in Bowen v. Yuckert, 482 U.S. 137 (1987).


In the binder for TIs, remove TI 5-417, issued May 9. 1986.


Insert TI 5-417.

Date: September 28, 1992