Skip to main content

Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-8-B

Division 5: Temporary Instructions

Subject: Smith, et al. v. Sullivan

Explanation of Content and Changes

This Temporary Instruction (IT) sets forth procedures for implementing the December 4, 1989, October 3, 1990 and June 21, 1991 orders of the United States District Court for the Eastern District of California in the Smith, et al. v. Sullivan class action involving the “not severe” impairment issue.

TI 5-408 and TI 5-408 Supplement A, Smith, et al. v. Hecker, provided instructions for implementing the district court's orders of June 6, 1984 and November 27, 1984. Those court orders preliminarily enjoined the Secretary from applying step two of the sequential evaluation and required the Secretary to readjudicate all class member claims that were pending on or after April 6, 1984.

This TI sets forth the procedures for implementing relief to class members not yet afforded relief under the preliminary injunction.




Insert TI 5-408, Supplement B

Date: July 31, 1992