What is the test for terminating a disability benefits application?
MultiRegion, United States of America
The following excerpt is from Schauer v. Schweiker, 675 F.2d 55 (2nd Cir. 1982):
In the typical termination case, the Secretary seeks to terminate benefits granted to a claimant who has met his burden of proving a continuing disability at a previous proceeding, Magee v. Califano, (supra). Under these circumstances, it is altogether proper to require the Secretary to produce substantial evidence of a change in claimant's condition before the courts allow the Secretary to reverse his prior finding of a disability continuing for an unspecified time.
(Id. at 11-12.)
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