BETTY J. MCAULAY, PLAINTIFF-APPELLANT,
v.
MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLEE
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The court held that the termination of disability benefits was improper because there was insufficient evidence of improvement to the point of no disability.
Betty J. McAulay was awarded disability benefits, which were later terminated after a reevaluation. An Administrative Law Judge (ALJ) affirmed the ter…
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PER CURIAM:
The claimant, Betty J. McAulay, appeals the district court’s affirmance of the Secretary’s termination of disability benefits. We reverse.
McAulay was awarded disability insurance benefits in 1972 due to status post laminectomy. McAulay’s condition was reevaluated in 1981 by the Social Security Administration which determined that she was no longer disabled and terminated her benefits. The claimant requested and received a hearing before an Administrative Law Judge (AU) who found that she was no longer disabled. The Appeals Council denied review. The district court affirmed the Secretary’s termination of benefits.
This court has held that there can be no termination of benefits unless there is substantial evidence of improvement to the point of no disability. Simpson v. Schweiker, 691 F. 2d 966, 969 (11th Cir.1982). Additionally, this court has held that a comparison of the original medical evidence and the new medical evidence is necessary to make a finding of improvement. Vaughn v. Heckler, 727 F. 2d 1040, 1043 (11th Cir.1984). While the original medical records are referred to by the AU, no comparison was made in this case.
The ALJ based his opinion primarily upon reports by Dr. Rosomoff, the claimant’s treating physician, which indicate that the claimant had improved. While it is true that these reports demonstrate that the claimant’s condition has improved over time (and over the course of six major spinal operations), they do not reflect improvement to the point of no disability. To the contrary, the claimant continues to suffer pain and to require “trigger injections” to alleviate pain. Moreover, the ALJ totally discounted the medical report of Dr. Robert Martinez, the government’s own consulting physician, which stated that the claimant is totally disabled. In a deposition taken by the claimant’s attorney, Dr. Martinez’s responses show unequivocably that the claimant has a listed impairment pursuant to 20 C.F.R. Part 404, Subpart P, Appendix 1, § 1.05(C). The medical evidence supporting Dr. Martinez’s responses is not contradicted in the record.
Because the AU failed to properly address the issue of improvement and the medical evidence does not indicate improvement to the point of no disability, the resulting determination that McAulay is not disabled is insufficient to satisfy the Secretary’s burden under Simpson, supra. The termination of McAulay’s benefits was therefore improper. The decision of the district court affirming the Administrative Law Judge’s ruling is hereby reversed and the improper termination of McAulay’s benefits vacated. On remand, the district court shall enter a judgment in favor of the claimant.
REVERSED and REMANDED.
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Roberts v. Comm'r of Soc. Sec. (M.D. Fla. 2025)…on is supported by substantial evidence. (Doc. 21, pp. 5–8). Unless an exception applies, “there can be no termination of benefits unless there is substantial evidence of [medical] improvement to the point of no disability.” See McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (per curiam); see also 20 C.F.R. § 416.994a(b). The Eleventh Circuit instructs "that a comparison of the original medical evidence and the new medical evidence is necessary to make a finding of improvement.” McAulay, 749 F.2d…
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Minton v. Comm'r of Soc. Sec. (M.D. Fla. 2025)…sts in the national economy. See 20 C.F.R. §§ 404.1594(f), 416.994(b). In a cessation of benefits case, “there can be no termination of benefits unless there is substantial evidence of improvement to the point of no disability." McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (per curiam) (citation omitted). “Medical improvement” is defined as “any decrease in the medical severity of [the claimant's] impairment(s) which was present at the time of the most recent favorable medical decision that [the…
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Imfeld v. Comm'r of Soc. Sec. (M.D. Fla. 2024)…r substantial evidence supports the ALJ's findings.” Def.'s Mem. at 7. In a cessation of benefits case, “there can be no termination of benefits unless there is substantial evidence of improvement to the point of no disability." McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (per curiam) (citation omitted). “Medical improvement” is defined as “any decrease in the medical severity of [the claimant's] impairment(s) which was present at the time of the most recent favorable medical decision that [the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simpson v. Schweiker, 691 F.2d 966 (11th Cir. 1982)
- Vaughn v. Heckler, 727 F.2d 1040 (11th Cir. 1984)