Legal Opinion

Lawrence O. PERRY, Plaintiff-Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided December 16, 1983No. 81-4679PublishedCited by 13 opinions

1Opinion of the Court

FLETCHER, Circuit Judge:

The Secretary appeals from the district court’s order reversing the Secretary’s termination of disability benefits. The district court held that the Secretary improperly relied on the medical-vocational guidelines found at 20 C.F.R. pt. 404, subpart P, App. 2 (1982) and remanded for additional evidence. We hold against the Secretary but for a different reason than that employed by the district court — i.e., the Secretary failed to adduce any evidence of improvement in Perry’s condition.

FACTS

In April 1977, Perry injured his back while working as a longshoreman. In…

2Cases cited8 opinions

  1. Heckler v. CampbellSupreme Court of the United States · 1983
  2. Mack Hall, Sr. v. Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1979
  3. Juanita M. Patti v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982
  4. James R. Odle v. Margaret H. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983
  5. Lloyd Thompson v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Ellen L. Jones v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1985
  2. Thomas P. MURRAY, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
  3. Patricia Bilby v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1985
  4. Sandra BELLAMY, Plaintiff/Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant/AppelleeCourt of Appeals for the Ninth Circuit · 1985
  5. Larry FIFE, Plaintiff-Appellant, v. Margaret HECKLER, Secretary, Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1985

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