Thomas P. MURRAY, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee

This case is one of many before this court as a result of the Secretary’s refusal to follow this circuit’s ruling in Patti v. Schweiker, 669 F.2d 582 (9th Cir.1982), that disability benefits cannot be terminated without evidence of improvement. See, e.g., Perry v. Heckler, 722 F.2d 461 (9th Cir.1983); Lopez v. Heckler, 713 F.2d 1432 (9th Cir.), partial stay granted, - U.S. -, 104 S.Ct. 10 , 77 L.Ed.2d 1431 (1983), emergency application to vacate stay denied, - U.S. -, 104 S.Ct. 221 , 78 L.Ed.2d 217 (1983). The district court in this case upheld the Secretary’s determination of cessation of disability. Murray v. Schweiker, 526 F.Supp. 476 (S.D.Cal.1981). We reverse. The ALJ made no finding of improvement in Murray’s condition, and the evidence would not support such a conclusion.

FACTS

Murray is a 48-year-old Army veteran. He has received treatment for cervical spine disease, arthritis and hypertension since 1975. Murray was found to be disabled by an Administrative Law Judge (ALJ) in 1976 and received benefits from February 15,1976 until October, 1979, when the Social Security Administration terminated his benefits, asserting that his disability had ceased as of August 1979. The…