SCHWEIKER – Appellant
Versus
CHILICKY, (1988) – Respondent
In 1980, Congress enacted legislation requiring that most disability determinations under Title II of the Social Security Act be reviewed at least once every three years. Under the "continuing disability review" (CDR) program, as originally implemented by the Secretary of Health and Human Services, benefits were usually terminated if the state agency performing the initial evaluation found that a claimant had become ineligible, and were not available during administrative appeals. Finding that benefits were frequently being improperly terminated by state agencies under CDR, only to be reinstated by a federal administrative law judge (ALJ) on appeal, Congress enacted reform legislation in 1983 and 1984, which, inter alia, provided for the continuation of benefits through the completion of ALJ review. Respondents, individuals whose Title II benefits were improperly terminated in 1981 and 1982, but were later restored, filed suit in Federal District Court. They alleged that petitioners, one Arizona and two federal officials who were CDR policymakers, had
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