Warren
Warren v. Heckler
Opinion
Opinion
Williams, J.
ORDER ON DEFENDANT’S MOTION FOR RECONSIDERATION
FACTS
This matter is before the court on defendant’s motion for reconsideration of this court’s January 25, 1985 order denying the parties’ cross-motions for summary judgment and remanding the case.
Nadine Warren, currently age 65, was found disabled as of October 26, 1978 (Tr. 149). Plaintiff suffered from, among other diseases, diabetes mellitus, degenerative arthritis of the spine, essential hypertension and morbid obesity. (Tr. 149, 203). Her benefit payments were suspended on October 31, 1979 due to ineligibility based on her spouse’s increased income. ( 20 C.F.R. § 416.1313 suspensions due to excess income) (Tr. 157, 184). At that time, no determination regarding plaintiff’s medical condition was made nor were termination proceedings instituted.
On December 24, 1981, after her husband’s income had decreased, Plaintiff filed an application for reinstatement of benefits due to a change in her financial condition. Her application was denied by the AU who, after conducting a “de novo” hearing, found her not to be under a disability. (Tr. 222-224). On review, the Appeals Council also denied benefits to plaintiff.