Betty J. McAULAY, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 749 F.2d 1500 (11th Cir. 1985). · Go Syfert
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Betty J. McAULAY, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 749 F.2d 1500 (11th Cir. 1985). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases, 2009–2025 · 2 courts · …there can be no termination of benefits unless there is substantial evidence of improvement to the point of no disability. at p. 1500 ✓ Topic ↗
cited 3× by 3 distinct cases, 2009–2022 · 3 courts · …a comparison of the original medical evidence and the new medical evidence is necessary to make a finding of improvement. at p. 1500 ✓
58 citation events (58 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Terry v. Social Security Administration, Commissioner
N.D. Ala. · 2025 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Scissum v. Social Security Administration, Commissioner
N.D. Ala. · 2024 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Bellamy v. Commissoner of Social Security
S.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (rule) Roberts v. Commissioner of Social Security
M.D. Fla. · 2025 · confidence medium
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).
discussed Cited as authority (rule) Minton v. Commissioner of Social Security
M.D. Fla. · 2025 · confidence medium
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).
discussed Cited as authority (rule) Imfeld v. Commissioner of Social Security (2×) also: Cited "see, e.g."
M.D. Fla. · 2024 · confidence medium
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).
discussed Cited as authority (rule) Velazquez Mendez v. Commissioner of Social Security
M.D. Fla. · 2024 · confidence medium
A. Medical Improvement To determine whether medical improvement occurred such that benefits should be terminated, there must be “substantial evidence of improvement to the point of no disability.” McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985).
discussed Cited as authority (rule) Gierbolini v. Commissioner of Social Security
M.D. Fla. · 2023 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (citing Vaughn v. Heckler, 727 F.2d 1040, 1043 (11th Cir.1984); Klaes v. Comm’r of Soc.
discussed Cited as authority (rule) Sostre v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
Gombash, 566 F. App’x at 859 (citing Vaughn, 727 F.2d at 1043 ); Klaes, 499 F. App’x at 896 (“The ALJ must actually compare the previous and current medical evidence to show that an improvement occurred.” (internal quotation marks and citation omitted)); McAulay, 749 F.2d at 1500 (stating that “a comparison of the original medical evidence and the new medical evidence is necessary to make a finding of improvement”).
cited Cited as authority (rule) Spearman v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir.1985); see 20 C.F.R. § 404.1594 (c)(1).
cited Cited as authority (rule) Lewis v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); Klaes v. Comm’r of Soc.
discussed Cited as authority (rule) Mullins v. Kijakazi (CONSENT)
M.D. Ala. · 2022 · confidence medium
The Eleventh Circuit has held that “a comparison of the original medical evidence and the new medical evidence is necessary to make a finding of improvement.” McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (per curiam) (reversing where ALJ referred to prior evidence but did not make a comparison with new evidence).
discussed Cited as authority (rule) Ortiz Torres v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
The ALJ’s Decision 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).
cited Cited as authority (rule) Hewlett v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); see 20 C.F.R. § 404.1594 (c)(1).
discussed Cited as authority (rule) Jimmerson v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
To that end, “[a] comparison of the original medical evidence and the new medical evidence is necessary to make a finding of improvement.” McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (per curiam) (citation omitted).
cited Cited as authority (rule) Dunn v. Kijakazi(CONSENT)
M.D. Ala. · 2022 · confidence medium
Admin., 566 F. App'x 857, 859 (11th Cir. 2014) (citing McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); 20 C.F.R. § 404.1594 (c)(1)).
cited Cited as authority (rule) Collins v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
Admin., 566 F. App'x 857, 859 (11th Cir. 2014) (citing McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985)).
cited Cited as authority (rule) Hendley v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); see 20 C.F.R. 404.1594(c)(1).
cited Cited as authority (rule) Lane v. Commissioner of Social Security
M.D. Fla. · 2021 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); Klaes v. Comm’r of Soc.
discussed Cited as authority (rule) Angelo v. Commissioner of Social Security
M.D. Fla. · 2021 · confidence medium
In a case involving the cessation of benefits, “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).
examined Cited as authority (rule) Barnett-Menzer v. Saul, Acting Commissioner of Social Security (3×)
S.D. Fla. · 2021 · confidence medium
More specifically, the Plaintiff contended that the ALJ failed to “compare the medical evidence supporting the most recent final decision holding that the claimant is disabled with new medical evidence.” Id. at 18 (citing McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985)).
cited Cited as authority (rule) Russell v. Commissioner of Social Security
M.D. Fla. · 2020 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); Klaes v. Comm’r of Soc.
discussed Cited as authority (rule) Thomas v. Commissioner of Social Security
M.D. Fla. · 2020 · confidence medium
Discussion 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).
cited Cited as authority (rule) Soto v. Commissioner of Social Security
M.D. Fla. · 2020 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); 4 Klaes v. Comm’r of Soc.
cited Cited as authority (rule) Justice v. Commissioner of Social Security
M.D. Fla. · 2020 · confidence medium
Admin., 566 F. App’x 857, 859 (11th Cir. 2014) (citing McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985)).
cited Cited as authority (rule) Langford v. Commissioner of Social Security
M.D. Fla. · 2020 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985); Klaes v. Comm’r of Soc.
cited Cited as authority (rule) Christopher W. Klaes v. Commissioner of Social Security
11th Cir. · 2017 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (per curiam); see also 20 C.F.R. § 404.1594 (c)(1).
discussed Cited as authority (rule) Frederic J. Gombash, III v. Commissioner, Social Security Administration (2×) also: Cited "see"
11th Cir. · 2014 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir.1985); see 20 C.F.R. § 404.1594 (c)(1).
discussed Cited as authority (rule) Bobby E. Solomon v. Commissioner, Social Security Administration
11th Cir. · 2013 · confidence medium
We have “held that a comparison of the original medical evidence and the new medical evidence is necessary to make a finding of improvement.” McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir.1985) (per curiam); see 20 C.F.R. § 404.1594 (c)(1).
cited Cited as authority (rule) Barbara A. Simone v. Commissioner of Social Security Administration
11th Cir. · 2012 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir.1985); see 20 C.F.R. § 404.1594 (c)(1).
cited Cited as authority (rule) Anderson v. Commissioner of Social Security
11th Cir. · 2011 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir.1985); see 20 C.F.R. § 404.1594 (c)(1).
discussed Cited as authority (rule) Chereza v. Commissioner of Social Security Administration (2×) also: Cited "see"
11th Cir. · 2010 · confidence medium
McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir.1985); see 20 C.F.R. § 404.1594 (c)(1).
discussed Cited as authority (rule) Parrish v. Commissioner of Social Security Administration
11th Cir. · 2009 · confidence medium
We have held that “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).
cited Cited "see" Janssen v. Commissioner of Social Security
M.D. Fla. · 2024 · signal: see · confidence high
See McAulay v. Heckler, 749 F.2d 1500, 1500 (11th Cir. 1985) (per curiam); see also 20 C.F.R. § 404.1594 (c)(1).
discussed Cited "see, e.g." DeArce Reyes v. Commissioner of Social Security
M.D. Fla. · 2024 · signal: see also · confidence low
Admin., 566 Fed.Appx. 857, 859 (11th Cir. 2014); see also McAulay v. Heckler, 749 F.2d 1500 (11th Cir. 1985) (finding that “the ALJ failed to properly address the issue of improvement” because “[w]hile the original medical records are referred to by the ALJ, no comparison was made in this case”).
Retrieving the full opinion text from the archive…
8 soc.sec.rep.ser. 108, unempl.ins.rep. Cch 15,723 Betty J. McAulay
v.
Margaret M. Heckler, Secretary of Health and Human Services
84-3146.
Court of Appeals for the Eleventh Circuit.
Jan 8, 1985.
749 F.2d 1500
Ted L. Wells, Tampa, Fla., for plaintiff-appellant., Loretta B. Anderson, Asst. U.S. Atty., Tampa, Fla., for defendant-appellee.
Tjoflat, Fay, Allgood.
Cited by 38 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #23,135 of 633,719
Citer courts: N.D. Alabama (2) · S.D. Florida (1)
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[*1501] 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.