Juanita M. Patti v. Richard S. Schweiker, Secretary of Health and Human Services

Plaintiff began receiving supplemental security disability benefits in 1976. In December 1977, she was informed that her disability had ceased. This determination was reversed on March 31, 1978 by an administrative law judge (Judge Ohanian) after a hearing, and plaintiff’s benefits continued. In June 1979, she was informed that her disability had ceased in April 1979. After a hearing on August 20,1979, another ALJ (Judge Varni) upheld this decision. When the Appeals Council declined to review the decision of the ALJ, it became the final decision of the Secretary. In due course, adopting the conclusions and findings of a federal magistrate, the district court affirmed, and this appeal followed.

Claimant argues that the decision was not based on substantial evidence, that various of her procedural rights were abused, and that the determination resulted from illegal use of social security regulations as a substitute for an individualized inquiry into her disability.

Claimant’s attack on the use of 20 C.F.R. §§ 416.902 et seq. as the basis for a disability determination is not well taken. However, because the decision of the Secretary is not supported by substantial evidence, we…