Sandra BELLAMY, Plaintiff/Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant/Appellee

Sandra Bellamy appeals from the district court’s summary judgment upholding the termination of her social security benefits by the Secretary of Health and Human Services (“Secretary”). We reverse and remand to the district court.

Appellant Sandra Bellamy was hit by a car in August 1979. She sustained a fractured leg and a head injury which required 62 stitches. During her hospitalization she was diagnosed by a neurologist, Dr. Or-fuss, as suffering from “post-traumatic vestibolopathy”, inner-ear damage. Bellamy applied for disability benefits, which were granted dating from August, 1979. In September, 1980 she was informed that her benefits were terminated. She appealed the cessation and received an administrative hearing in June, 1981. In August, 1981 the Administrative Law Judge (“AU”) found that her disability had ended in September, 1980, since she was then capable of returning to sedentary work. Bellamy appealed this decision.

The district court granted summary judgment for the Secretary, adopting the recommendation of a United States Magistrate. The Magistrate agreed with the AU that Bellamy was not disabled and was capable of sedentary work. He found, however, that the AU…