Avery V. Secretary Of Health And Human Services

This appeal has been brought by six named plaintiffs, suffering from a variety of ailments, who allege that defendant Secretary of Health and Human Services failed to consider properly their subjective claims of pain when he evaluated their ability to engage in substantial gainful employment. Consequently, they allege, their disability benefits under both Title II (Social Security Disability Insurance -- SSDI) and Title XVI (Supplemental Security Income -- SSI) of the Social Security Act, 42 U.S.C. §§ 401-501, and §§ 1381-1385, were wrongfully terminated.