Edward Crosby v. Richard S. Schweiker, Secretary of Health and Human Services

After a four-year period of receiving Social Security disability benefits, Mr. Crosby was notified that improvement in his condition rendered him no longer disabled and that these benefits would be and were terminated. The court below found that the Secretary’s decision was supported by substantial evidence. Agreeing, we affirm.

We note in passing Mr. Crosby’s argument that, to employ counsel’s phraseology, “the so-called burden of proof” should be upon the Secretary in termination cases such as this. We find no warrant for the view that the factual findings of the Secretary are to be tested…