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KUZMIN v. SCHWEIKER

No. 82-5705.

714 F.2d 1233 (1983)

Joan M. KUZMIN, Appellant v. Richard SCHWEIKER, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided August 18, 1983.

Rehearing and Rehearing Denied November 1, 1983.

Attorney(s) appearing for the Case

John R. Rellick (argued), Joseph P. Burt, Northwestern Legal Services, Erie, Pa., for appellant; Jonathan M. Stein, Philadelphia, Pa., of counsel.

Diane C. Moskal, Regional Atty., Michael P. Meehan (argued), Asst. Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa., J. Alan Johnson, U.S. Atty., Anthony M. Mariani, Asst. U.S. Atty., W.D. Pa., Erie, Pa., for appellee.

Before SEITZ, Chief Judge, SLOVITER, Circuit Judge and BROTMAN, District Judge.

Rehearing and Rehearing En Banc Denied November 1, 1983.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal by a recipient of disability benefits from summary judgment for the Secretary of Health and Human Services who terminated her benefits after determining that her disability had ceased. Appellant contends that in a disability termination case, the Secretary must show medical improvement "to the point of `non-disability' since the...

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