David Rutherford v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

VAN GRAAFEILAND, Circuit Judge:

Plaintiff David Rutherford appeals from a judgment of the United States District Court for the Southern District of New York, John M. Cannella, J., affirming a final decision of the Secretary of Health and Human Services terminating Rutherford’s entitlement to Supplemental Security Income (SSI) benefits on the ground he was not disabled within the meaning of § 1614(a)(3)(A) of the Social Security Act, as amended, 42 U.S.C. § 1382c(a)(3)(A).

BACKGROUND

In 1975, plaintiff, a forty-four-year-old male, applied for disability benefits, and his application was processed…