Percy Burton v. Margaret Heckler, Secretary of Health and Human Services

Percy Burton appeals from a summary judgment entered on motion of appellee Secretary of Health and Human Services on September 23,1982 in the Northern District of California, Eugene F. Lynch, District Judge. Burton’s cross-motion for summary judgment was denied. The Secretary had determined that Burton was no longer disabled and thus not entitled to Supplemental Security Income benefits (SSI) under 42 U.S.C. § 1381 et seq. (1976 & Supp. V 1981).

We reverse and remand the case to the district court with directions to remand to the Secretary for consideration of additional evidence relating to the mental effects of chronic alcoholism.

I.

Burton was employed as a maintenance worker and laborer until 1971. From 1973 to 1979 he underwent medical treatment for acute and chronic alcoholism with cirrhosis of the liver. In 1977 he was hospitalized for that condition. Beginning May 26,1978, he was awarded disability benefits, based on a finding of possible gouty arthritis, a degenerative joint disease of the lumbrosacral spine, and cardiomegaly.

Pursuant to a continuing disability investigation by a California state agency, it was determined that Burton’s disability had ceased in…