Attorney(s) appearing for the Case
J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., W. Asa Hutchinson, U.S. Atty., Fort Smith, Ark., Frank V. Smith, III, Regional Atty., Mary K. Biester, Asst. Regional Atty., U.S. Dept. of Health and Human Services, Dallas, Tex., for appellee.
The Niblock Law Firm by Walter R. Niblock, Fayetteville, Ark., for appellant.
Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ARNOLD, Circuit Judge.
United States Court of Appeals, Eighth Circuit.
ARNOLD, Circuit Judge.
This case presents the question whether, in order to terminate disability benefits, the Secretary must produce new evidence showing that the claimant's condition has improved or is not so disabling as previously supposed or that there is some other legitimate reason to re-evaluate the claimant's right to receive benefits. We answer in the affirmative.
Freddie R. Rush is 32 years old and has a twelfth-grade education. Before...
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