PERRY v. HECKLER

No. 81-4679.

722 F.2d 461 (1983)

Lawrence O. PERRY, Plaintiff-Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1983.


Attorney(s) appearing for the Case

Brian E. Kerss, Weltin & Van Dam, San Francisco, Cal., for plaintiff-appellee.

Gabriel Imperato, Baltimore, Md., for defendant-appellant.

Before FLETCHER and NELSON, Circuit Judges and LYNCH, District Judge.


FLETCHER, Circuit Judge:

The Secretary appeals from the district court's order reversing the Secretary's termination of disability benefits. The district court held that the Secretary improperly relied on the medical-vocational guidelines found at 20 C.F.R. pt. 404, subpart P, App. 2 (1982) and remanded for additional evidence. We hold against the Secretary but for a different reason than that employed by the district court — i.e., the Secretary failed to adduce...

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