4 soc.sec.rep.ser. 80, unempl.ins.rep. Cch 15,133 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human Services

The Secretary of Health and Human Services (“Secretary”) appeals a preliminary injunction ordering her to restore disability benefits to a large number of former recipients of Social Security benefits. Plaintiffs are a class consisting of disabled workers and poor and disabled persons who had earlier been found eligible for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits respectively. See 42 U.S.C. §§ 401-31 (1976 & Supp. V 1981) (SSDI); 42 U.S.C. §§ 1381-83 (1976 & Supp. V 1981) (SSI). Plaintiffs challenged the Secretary’s termination of their benefits on the ground that the Secretary unconstitutionally refused, to give effect to two decisions of this court describing the procedures the statute requires the Secretary to follow in terminating benefits. The district court, 572 F.Supp. 26 , found that plaintiffs were likely to succeed on the merits of their claims. It also found that many of the plaintiffs, deprived of the very means with which to live, have either died or suffered further illness as a result of the challenged conduct. Accordingly, the court issued a preliminary injunction which, among other things, enjoined the…

concurring.

I concur generally in Judge Reinhardt’s opinion and share his concern over the Secretary’s refusal to obey the decisional law of this circuit. I cannot agree, however, that a substantial question is presented as to whether claimants who received termina *1511 tion notices from the Secretary more than sixty days prior to commencement of this class action and failed to seek any review are time-barred by the sixty-day limitation of § 405(g). The district court had no jurisdiction under § 405(g) over those claimants. See Heckler v. Lopez, — U.S. —, 104 S.Ct. 221, 223 , 78 L.Ed.2d 217 (1983) (Stevens, J., concurring in part and dissenting in part).

725 F.2d 1489 4 Soc.Sec.Rep.Ser. 80, Unempl.Ins.Rep. CCH 15,133 Mario LOPEZ, et al., Plaintiffs-Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, et al., Defendants-Appellants. No. 83-6126. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1983. Decided Feb. 22, 1984. Elena H. Ackel, Bruce Iwasaki, Los Angeles, Cal., for plaintiffs-appellees. J. Paul McGrath, Stephen Trott, William Kanter, Eloise E. Davies, Dept. of Justice, Washington, D.C., for defendants-appellants. Appeal from the United States District Court for the Central District of California. Before PREGERSON, BOOCHEVER, and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 The Secretary of Health and Human Services ("Secretary") appeals a preliminary injunction ordering her to restore disability benefits to a large number of former recipients of Social Security benefits. Plaintiffs are a class consisting of disabled workers and poor and disabled persons who had earlier been found eligible for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits respectively. See 42 U.S.C. Secs. 401-31 (1976 & Supp. V 1981)…