What are the constitutional implications of the Social Security Secretary's policy of notacquiescing in disability claims?

Plaintiffs in the present case make the second constitutional contention, also made in Lopez, that the due process clause of the Fifth Amendment entitles applicants for public benefits to have their claims fairly adjudicated by the agency. Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976); Goldberg v. Kelley Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). Plaintiffs argue that the Secretary's policy of non-acquiescing in the Social Security Act as it defines disability, and in the case law of this circuit as it establishes the definition of a prima facie case of disability, denies plaintiffs a meaningful opportunity to be heard.