[Download] "Ross V. Richardson" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Ross V. Richardson
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 09, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This action was brought by appellant pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking review of the decision of the Secretary to terminate the disability benefits appellant had been receiving since 1963. Appellant's disability was determined in 1963 after surgery to correct a back injury, and payments of disability insurance began. They continued through a second surgery in 1966. The Secretary terminated the benefits on November 15, 1968, on the ground that appellant was no longer disabled within the meaning of section 216(i) (2) (D) of the Act, 42 U.S.C. § 416(i) (2) (D). Appellant pursued an administrative hearing before a Hearing Examiner at which he appeared personally and was represented by counsel. The Hearing Examiner conducted a de novo review of the record and also heard witnesses. On May 22, 1969, the Hearing Examiner ruled that appellant was no longer disabled and was no longer entitled to disability insurance benefits. The Appeals Council having denied further review, appellant instituted this action for review in the United States District Court. The Secretary moved for Summary Judgment which was granted by the District Court on the basis of its finding that the decision of the Secretary was supported by substantial evidence. This appeal followed.