Alan Van Nevele v. Louis W. Sullivan, M.D., Secretary of Health & Human Services

Good Law
968 F.2d 1222·1992 WL 164392·1992 U.S. App. LEXIS 23101
United States Court of Appeals for the Ninth CircuitJuly 15, 199291-35380California1,477 words

Opinion

Opinion

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alan Van NEVELE, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellant. No. 91-35380. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1992. Decided July 15, 1992. Before GOODWIN, TANG and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Alan Van Nevele appeals the decision of the district court affirming the Secretary's determination that Van Nevele's entitlement to disability benefits ceased in June 1981. Van Nevele appeals the issue of whether the the district court properly ruled that the Secretary used the correct point of comparison date in meeting his burden of showing Van Nevele's medical improvement. We affirm. Background 3 In June of 1969, the Secretary determined that Alan Van Nevele was entitled to disability benefits as a result of serious leg injuries Van Nevele sustained in a car accident. In August 1970, the…

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