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(DOWNLOAD) "Murray V. Margaret Heckler Secretary Of Health And Human Services" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free

Murray V. Margaret Heckler Secretary Of Health And Human Services

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eBook details

  • Title: Murray V. Margaret Heckler Secretary Of Health And Human Services
  • Author : United States Court of Appeals for the Ninth Circuit
  • Release Date : January 16, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

This case is one of many before this court as a result of the Secretary's refusal to follow this circuit's ruling in Patti v. Schweiker, 669 F.2d 582 (9th Cir. 1982), that disability benefits cannot be terminated without evidence of improvement. See, e.g., Perry v. Heckler, No. 81-4679, 722 F.2d 461 (9th Cir. 1983); Lopez v. Heckler, 713 F.2d 1432 (9th Cir.), partial stay granted, 463 U.S. 1328, 104 S. Ct. 10, 77 L. Ed. 2d 1431 (1983), emergency application to vacate stay denied, 464 U.S. 879, 104 S. Ct. 221, 78 L. Ed. 2d 217, 52 U.S.L.W. 3288 (No. A-145) (1983). The district court in this case upheld the Secretary's determination of cessation of disability. Murray v. Schweiker, 526 F. Supp. 476 (S.D. Cal. 1981). We reverse. The ALJ made no finding of improvement in Murray's condition, and the evidence would not support such a conclusion.


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