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Edith Conley appeals from a judgment entered in the United States District Court for the Northern District of New York (Munson, Ch. J.), dismissing her action to review a final decision by the Secretary of Health & Human Services that terminated Conley's Social Security disability insurance benefits, and from an order of the same court denying her motion to vacate or modify the judgment. Conley's disability insurance benefits were terminated in December 1982 because the Secretary determined that she had demonstrated an ability to engage in "substantial gainful activity" in that month. On appeal, Conley asserts that the Secretary was required by his own regulations to determine "substantial gainful activity" based on an average of her earnings, rather than on her earnings in a single month. For the reasons that follow, we reverse with directions to remand for further proceedings before the Administrative Law Judge ("ALJ").


859 F.2d 261 (1988)

Edith CONLEY, Plaintiff-Appellant,


Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

No. 1369, Docket 88-6096.

United States Court of Appeals, Second Circuit.

Argued August 18, 1988.

Decided October 13, 1988.

New York Law School location: File #614, Box #121