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Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-16-A

Division 5: Temporary Instructions

Subject: Wilson, et al. v. Sullivan

Explanation of Content and Changes

This Temporary Instruction (TI) sets forth procedures for implementing the March 31, 1989. March 19, 1990, March 29, 1990 and October 22, 1991 orders of the United States District Court for the District of New Jersey in the Wilson, et al. v. Sullivan class action involving the “not severe” impairment issue.

TI 5-416, Wilson, et al. v. Heckler, provided instructions for implementing the district court's orders of October 9, 1985, October 28, 1985, and November 14, 1985. 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 July 26, 1984.

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




Insert TI 5-416, Supplement A

Date: July 9, 1993