Heckler v. Lopez, 463 U.S. 1328 (1983)

ON APPLICATION FOR STAY

Syllabus

An application by the Secretary of Health and Human Services -- who had terminated social security disability benefits without first producing evidence that the recipient’s medical condition had improved, contrary to earlier decisions of the Court of Appeals for the Ninth Circuit requiring such proof -- to stay that portion of the District Court’s preliminary injunction (in a class action challenging the constitutionality of the Secretary’s action) requiring the Secretary to pay benefits to reapplying prior recipients until she establishes their lack of disability through hearings complying with the Ninth Circuit rule, is granted pending applicant’s appeal to the Court of Appeals for the Ninth Circuit. In view of the scope of the injunction -- involving issues relating to exhaustion of administrative remedies and judicial review of the Secretary’s determinations of eligibility for benefits -- four Justice would probably vote to grant certiorari should the Court of Appeals affirm the injunction.