Margarita Gonzalez v. Patricia R. Harris, Secretary of the United States Department of Health and Human Services

This action was brought by appellant pursuant to 42 U.S.C, § 405(g) and § 1383(c)(3) to review a decision of the Social Security Administration terminating both her disability insurance benefits and her supplemental security income benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq.; 42 U.S.C. §§ 1382 et seq.

The disability program is administered jointly by state and federal agencies. In 1975, the Social Security Administration awarded appellant disability benefits, subject to monitoring by a state agency to assure that her eligibility for benefits continued. In 1976, the state agency conducted an investigation and determined that disability had ceased as of December, 1976. This determination was reported to and accepted by the Social Security Administration, which then notified appellant that her benefits would be terminated in two months.

At appellant’s request, a hearing was conducted on June 23,1977, before an Administrative Law Judge. He accepted the state agency’s determination that the prior disability had ceased as of that date, and ruled that appellant’s entitlement to social security disability benefits and supplemental security…