Helen M. Brown, Ssn Ywq-Gs-Yyuu v. Margaret O. Heckler, Secretary of Health & Human Services, Defendant

Good Law
713 F.2d 441·2 Soc. Serv. Rev. 383
United States Court of Appeals for the Ninth CircuitJuly 11, 198382-5724California936 words

Opinion

Opinion

Helen Brown appeals the Secretary’s decision to terminate her Supplemental Security Income (“SSI”) benefits. We conclude that the determination was not based on a full and fair development of the facts, and remand the case for an appropriate hearing.

Brown was first awarded SSI benefits as of November 1,1975. The original disability determination was based on a combination of conditions, including leg and back injuries, alcoholism, and an emotional impairment described as psyehoneurosis. The ALJ who granted Brown benefits also relied on the opinion of a vocational expert that Brown was unemployable.

In 1979, the Secretary requested re-examination of Brown by her treating physician, Dr. Bosse. The examination revealed improvement in Brown’s back condition, leading the physician to conclude she was capable of light housework. The Secretary terminated Brown’s benefits on the basis of Dr. Bosse’s opinion.

Brown requested a hearing and contended the Secretary’s decision was too narrow in that it addressed only one component of her disability. The ALJ agreed and ordered a second psychological evaluation. The psychologist, Dr. Teed, determined that Brown suffered from anxiety…

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