[DOWNLOAD] "Floyd v. Bowen" by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Floyd v. Bowen
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 07, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
EDITH H. JONES, Circuit Judge: The named appellants, each of whom had applied for or were receiving social security benefits subsequent to July 11, 19781, filed this class action for declaratory and injunctive relief against the Secretary of Health and Human Services (""Secretary"") and the Commissioner of the Texas Rehabilitation Commission (""TRC""). Their complaint alleged ""non-acquiescence"" in the law of the Fifth Circuit relating to eligibility for Title II or Title XVI social security benefits. Specifically, appellants asserted that the Secretary, through its regulations and evaluation practices, failed adequately to consider claimant complaints of pain, and failed to give adequate weight to the opinions of treating physicians and the disability determinations of other agencies. Additionally, appellants asserted that the TRC's disability determinations were in error because it was acting pursuant to ""erroneous"" instructions provided in the Secretary's Program Operations Manual System (""POMS""). The district court granted the Secretary's motion for summary judgment, granted TRC's motion to dismiss for failure to state a claim upon which relief could be granted, and denied appellants' motion for class certification as moot. Appellants now challenge the summary judgment and denial of class certification, but do not challenge the dismissal as to the TRC.2 We AFFIRM.