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Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-11

Division 5: Temporary Instructions

Subject: Johnson, et al. v. Sullivan


On April 3, 1991, the United States District Court for the Northern District of Illinois issued a final judgment in the Johnson, et al. v. Sullivan class action involving the “not severe” impairment issue. The court ordered the Secretary to reopen and readjudicate all class member claims.

Explanation of Content and Changes

This instruction replaces TI-5-411 and TI 5-411, Supplements A and B, Edna Johnson and Jerome Montgomery, et al. v. Bowen, which provided instructions for implementing the district court's September 19, 1984 and March 15, 1985 orders for class member relief. Those orders were subsequently vacated in light of the Supreme Court's decision in Bowen v. Yuckett, 482. U.S. 137 (1987).


In the binder for Temporary Instructions, remove TI 5-411 issued March 22, 1985, TI 5-411 Supplements A issued July 18, 1985 and B issued May 16, 1986.


Insert TI 5-411

Date: August 6, 1992