Andrew v. Bowen

837 F.2d 875 20 Soc.Sec.Rep.Ser. 314 Eileen ANDREW; Nick Andrew; Carl Nick; Helen Thomas; Elwood Thomas, on behalf of themselves and all others who are now or will be similarly situated; Evan Sergie, Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary of Health and Human Services; John A. Svahn, Comm. Social Security; Robert London Smith, Commissioner, Alaska Department Health & Social Services, Defendants-Appellees. No. 87-3557. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1987. Decided Jan. 26, 1988. Tred R. Eyerly, Donald S. Cooper, Heather H. Grahame, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiffs-appellants. Larry K. Banks, Social Sec. Div., Baltimore, Md., Julie Werner-Simon, Asst. U.S. Atty., Anchorage, Alaska, for defendants-appellees. Appeal from the United States District Court for the District of Alaska. Before ANDERSON, NORRIS and HALL, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: I. BACKGROUND 1 In response to notification that their federal and state disability benefits were going to be terminated or that they were going to be declared ineligible to receive benefits, plaintiffs filed a class action suit against…