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MILLER v. BOWEN

No. 85-2344.

789 F.2d 678 (1986)

Van Lee MILLER, On Account of Richard T. Miller, Deceased, SSN: 527-12-9280, Plaintiff/Appellant, v. Dr. Otis BOWEN, Secretary of Health and Human Services, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1986.

Attorney(s) appearing for the Case

Joel F. Friedman, Phoenix, Ariz., for plaintiff/appellant.

Gregg A. Frampson, Asst. U.S. Atty., Phoenix, Ariz., for defendant/appellee.

Before SCHROEDER, CANBY and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

In this case we must determine whether there was substantial evidence to support the decision of the Secretary of Health and Human Services (Secretary) that Mr. Miller's death, caused by a cerebral infarction, was not accidental under the provisions of the Social Security Act. We conclude that the Secretary's decision is not supported by substantial evidence.

Mr. Miller died approximately one month after he underwent surgery to replace...

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