Lawrence O. PERRY, Plaintiff-Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellant

The Secretary appeals from the district court’s order reversing the Secretary’s termination of disability benefits. The district court held that the Secretary improperly relied on the medical-vocational guidelines found at 20 C.F.R. pt. 404, subpart P, App. 2 (1982) and remanded for additional evidence. We hold against the Secretary but for a different reason than that employed by the district court — i.e., the Secretary failed to adduce any evidence of improvement in Perry’s condition.

FACTS

In April 1977, Perry injured his back while working as a longshoreman. In December 1978, the Administrative Law Judge (ALJ) determined that Perry had been disabled from April 1977, due to degenerative disc disease, back problems and diabetes mellitus.

In June 1980, the Secretary notified Perry that, based on findings made in a continuing disability investigation, Perry’s disability had ceased in May 1980. The Secretary based her termination decision on the outcome dictated by application of the guidelines to Perry’s condition. The ALJ concluded that, based on all the evidence, Perry had the residual functional capacity for light work. Considering his age (41), education (tenth grade),…