Keyes v. Sullivan

894 F.2d 1053 28 Soc.Sec.Rep.Ser. 411, Unempl.Ins.Rep. CCH 15211A Ken S. KEYES, Jr., Plaintiff-Appellant, v. Louis J. SULLIVAN, Secretary of the Department of Health and Human Services, 1 Defendant-Appellee. No. 88-3519. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1989. Decided Jan. 22, 1990. Samuel A. Hall, Jr., Hall and Hall, P.C., Eugene, Or., for plaintiff-appellant. Shelly R. Brown, Asst. Regional Counsel for Health and Human Services, Region X, Seattle, Wash., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before GOODWIN, Chief Judge, POOLE and BRUNETTI, Circuit Judges. POOLE, Circuit Judge: 1 Ken S. Keyes, Jr. (Keyes) appeals the district court's order affirming the final decision of the Secretary of Health and Human Services (Secretary) which determined Keyes to be ineligible for continued disability benefits under the Social Security Act, 42 U.S.C. Sec. 405 (g), because Keyes is engaged in substantial gainful work activity. This finding is supported by substantial evidence, therefore, we affirm. PROCEDURAL BACKGROUND 2 Keyes applied for Social Security disability payments in 1974, alleging disability…