Raymond Iida v. Mary Margaret Heckler , Secretary of Health and Human Services

Good Law
705 F.2d 363·1 Soc. Serv. Rev. 410
United States Court of Appeals for the Ninth CircuitMay 5, 198382-3248California1,002 words

Opinion

Opinion

Alarcon, J.

Raymond Iida (Iida) appeals from the judgment of the district court affirming a decision of the Secretary of Health and Human Services (Secretary) terminating Iida’s period of disability and Social Security disability benefits. Iida contends that the Secretary’s decision is not supported by substantial evidence, as required by 42 U.S.C. § 405 (g). We agree and reverse the decision of the district court.

I. PERTINENT FACTS

Iida filed an application for Social Security disability insurance benefits on September 14,1977. He was found to be unable to work due to back injuries and subsequent multiple surgeries in treatment of the injuries. The Secretary found Iida entitled to a period of disability with benefit payments commencing June 1, 1977. Re-examination of Iida’s condition was scheduled for January, 1979.

In a letter dated January 15, 1979, the Department of Health and Human Resources (Department) informed Iida that the Social Security Administration had requested a review of his disability status to determine whether Iida’s back condition continued to prevent him from working. The letter contained a Disabled' Person Report Form, which Iida completed and returned, indicating…

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