Belveal v. Heckler

796 F.2d 1261, 1986 U.S. App. LEXIS 27013, 14 Soc. Serv. Rev. 276
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 14, 1986
DocketNo. 84-2647
StatusPublished
Cited by4 cases

This text of 796 F.2d 1261 (Belveal v. Heckler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belveal v. Heckler, 796 F.2d 1261, 1986 U.S. App. LEXIS 27013, 14 Soc. Serv. Rev. 276 (10th Cir. 1986).

Opinions

JOHN P. MOORE, Circuit Judge.

Plaintiffs Ethel Belveal, David Christensen, and Virginia Leavitt filed suit on April 3, 1984, in the United States District Court for the District of Wyoming on behalf of themselves and all other similarly situated [1262]*1262social security disability beneficiaries residing in Wyoming. The suit challenged the termination of disability benefits by the Secretary of Health and Human Services (the Secretary) without a demonstration that a beneficiary’s medical condition had improved- The district court denied the plaintiffs’ motion for certification of the class on May 18, 1984, and overruled plaintiff’s subsequent motions to vacate and to reconsider the order denying certification. On November 28, 1984, the district court entered an order stating that its prior denial of class certification was made final by its order of October 31, 1984, remanding Belveal’s individual case to the Secretary pursuant to § 2 of the Social Security Disability Benefits Reform Act of 1984 (the Reform Act). We conclude that because § 2(d)(5) of the Reform Act precludes certification in a class action relating to application of the medical improvement standard after September 19, 1984, the district court’s final order of October 31, 1984, denying class certification must be affirmed.

Plaintiff Belveal originally filed this suit as an individual action on November 3, 1983, claiming that termination of her social security disability benefits was improper because the Secretary failed to demonstrate that Belveal’s medical condition had improved. After the district court granted plaintiff leave to amend her complaint, Belveal, David Christensen, and Virginia Leavitt filed the suit as a class action. The proposed class included all social security disability insurance beneficiaries residing in Wyoming who had presented a claim to the Secretary that their disability benefits continued and whose entitlements had been terminated or may have been terminated without application of the medical improvement standard to their case.1

At the time the suit was filed as a class action, the Secretary was applying the medical improvement standard in several states. Her partial acquiescence followed the institution of several class action suits asserting the necessity of applying the standard before termination of disability benefits.2 The circuit courts of appeal were virtually unanimous in holding that the Secretary must show improvement of a claimant’s medical condition before disability benefits could be terminated. Despite this court’s recognition of the medical improvement standard, Byron v. Heckler, 742 F.2d 1232 (10th Cir.1984), plaintiffs contend the Secretary refused to apply the standard to disability beneficiaries in Wyoming.

On May 18, 1984, the district court denied, without explanation, plaintiffs’ motion to certify the class. Plaintiffs moved to vacate the court’s order. A hearing on the motion was held on May 26, 1984, and the district court denied the motion on September 13, 1984, again without explanation. On September 17, 1984, plaintiffs moved for reconsideration of class certification in light of final changes in the proposed Reform Act. After a hearing, the district court denied the motion for reconsideration on September 25, 1984. Once again, the court’s reasons for denying class certification were not disclosed in its order.

On October 31, 1984, Plaintiff Belveal’s appeal on the merits was remanded to the Secretary pursuant to § 2(d)(2) of the Reform Act.3 Ultimately, the benefits of [1263]*1263plaintiffs Belveal and Leavitt were reinstated. Mr. Christensen was also found eligible for benefits. Most of the unnamed members of the proposed class have received or will receive the relief sought in the suit through the operation of the provisions of the Reform Act. All current and future disability recipients will have the medical improvement standard applied in reviews of their cases. Putative class members with individual cases pending on September 19, 1984, have had their cases remanded to the Secretary for review under the medical improvement standard pursuant to § 2(d)(2)(C) of the Reform Act. Individual class members whose cases were in the process of administrative appeal have had the medical improvement standard applied to them under §§ 2(d)(2)(B) and (D).

However, one group of proposed class members remains without an opportunity for the relief sought in the class action as a result of the district court’s denial of class certification. Unnamed class members whose benefits were terminated without application of the medical improvement' standard and who were not involved in either administrative or judicial review of the termination as of September 19, 1984, are not entitled, under the terms of § 2(d)(2), to remand to the Secretary for reconsideration under the proper standard. Under § 2(d)(3), unnamed class members who have been determined not to be entitled to benefits and who do not come under the provisions of § 2(d)(2) will have their cases remanded to the Secretary only if they are members of a class certified on or before September 19, 1984, in a class action relating to medical improvement pending on that date.4 Thus, the district court’s refusal to certify the class leaves the unnamed class members whose individual cases were not entitled to remand under § 2(d)(2) without the opportunity to have the medical improvement standard applied to their termination of benefits.

On appeal, the plaintiffs argue that the unnamed class members, whom they estimate number 262, should not be left without a remedy because they were improperly terminated as beneficiaries as the result of the Secretary’s refusal to apply the medical improvement standard. They contend that § 2(d)(5) of the Reform Act was not intended to restrict the right to appeal an erroneous denial of class certification when the original denial occurred prior to September 19, 1984.5 According to Su[1264]*1264preme Court precedent as expressed in Deposit Guaranty National Bank v. Roper, 445 U.S. 326, 100 S.Ct. 1166, 63 L.Ed.2d 427 (1980) and United States Parole Commission v. Geraghty, 445 U.S. 388, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980), plaintiffs contend that certification of a class following an erroneous denial of certification relates back to the original denial and preserves jurisdiction. Plaintiffs rely on the relation-back doctrine both to avoid the bar expressed in the September 19, 1984 deadline and to support their argument that satisfaction of the named plaintiffs’ claims in this case does not moot the issue of class certification.

The Secretary contends that the plain language of § 2(d)(5) of the Reform Act is an absolute bar to certification of the proposed class at this time.

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Related

Sumpter v. Bowen
703 F. Supp. 1485 (D. Wyoming, 1989)
Sheftelman v. Standard Metals Corp.
817 F.2d 625 (Tenth Circuit, 1987)
In Re Standard Metals Corporation
817 F.2d 625 (Tenth Circuit, 1987)
Belveal v. Heckler
796 F.2d 1261 (Tenth Circuit, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
796 F.2d 1261, 1986 U.S. App. LEXIS 27013, 14 Soc. Serv. Rev. 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belveal-v-heckler-ca10-1986.