Francisco DEMENECH, Plaintiff-Appellant, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Francisco Demenech appeals from the judgment of the district court affirming the Secretary of Health and Human Service’s (Secretary) decision to terminate Deme-nech’s disability insurance benefits and supplemental security benefits under the Social Security Act. The Administrative Law Judge (AU) who presided over Deme-nech’s disability hearing found that Deme-nech’s medical condition had sufficiently improved that he could return to his previous employment. In reaching that conclusion the AU substantially relied upon the report of a post-hearing physician whom Demenech was not permitted to…