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Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-1

Division 5: Temporary Instructions

Subject: Morrison, Doe & Decker v. Secretary


On August 18, 1983, OHA published Interim Circular No. 157 (now Temporary Instruction (TI) 5-401) to comply with the May 27 and June 16, 1983, orders of the U.S. District Court for the Western District of Washington in Morrison, Doe & Decker. OHA subsequently issued Supplements A and B to address benefit continuation (for cases returned to the State agency at the claimant's request) and dismissal processing. The court issued a second preliminary injunction on August 20, 1984. On October 9, 1984, the Disability Benefits Reform Act (Pub. L. 98-460) was enacted. OHA then issued Supplement C regarding the second preliminary injunction and the effects of the Morrison orders in light of the new law.

On December 16, 1988, the court ordered the Secretary to “[r]edetermine, and readjudicate if and to the extent necessary” certain cases involving treating physician opinion in accordance with the Day/Rhodes standards set forth in the court's original order. Further, on April 4, 1989, the court approved a stipulation of settlement and compromise between the parties which provides for the readjudication of class member claims involving the Griffis issue (evaluation of disability from alleged alcoholism or drug addiction) which were denied by the Washington Disability Determination Service between December 1, 1983, and November 7, 1988, without a subsequent hearing. The stipulation incorporates by reference the December 16, 1988, readjudication order.

Explanation of Content and Changes

This TI replaces TI 5-401 and its Supplements A, B, and C. It provides an overview of prior Morrison orders and describes implementation of the court's December 16, 1988, order concerning the treating physician issue and the April 4, 1989, settlement agreement covering alleged alcoholism or drug addiction cases.


In the binder for TIs, remove TI 5-401 (formerly Interim Circular No. 157), Morrison, Doe & Decker v. Heckler, dated August 18, 1983, and its Supplements A, B, and C.


In the binder for TIs, insert TI 5-401, Morrison, Doe & Decker v. Secretary, dated June 7, 1990.

Date: June 7, 1990