Charles E. Huckabee v. Elliot L. Richardson, Secretary of Health, Education and Welfare

BUTZNER, Circuit Judge:

The Secretary of Health, Education and Welfare appeals from an order of the district court which awarded Charles E. Huckabee disability benefits under the Social Security Act. Because the district court based its decision in part on a change in Huckabee’s employment that occurred after the administrative hearing, we vacate its judgment and remand the case for further proceedings by the Secretary.

Although Huckabee suffers from numerous physical ailments, he was employed at the time of his administrative hearing as a security guard at a salary in excess of the amount…