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MURRAY v. HECKLER

No. 81-6049.

722 F.2d 499 (1983)

Thomas P. MURRAY, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1983.

Attorney(s) appearing for the Case

William M. Capps, Offices of Martin & Capps, San Diego, Cal., for plaintiff-appellant; Robert Hoad, San Diego, Cal., of counsel.

Gary L. Floerchinger, Dept. of Health & Human Services, San Francisco, Cal., for defendant-appellee.

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

FLETCHER, Circuit Judge:

This case is one of many before this court as a result of the Secretary's refusal to follow this circuit's ruling in Patti v. Schweiker, 669 F.2d 582 (9th Cir.1982), that disability benefits cannot be terminated without evidence of improvement. See, e.g., Perry v. Heckler, 722 F.2d 461 (9th Cir.1983); Lopez v. Heckler, 713 F.2d 1432

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