· 11/22/1988
James R. SIAS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
Citations
- 861 F.2d 475
- 1988 U.S. App. LEXIS 16011
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the plaintiff was noncompliant in losing weight and stopping smoking, and the court felt that this behavior was “not consistent with that of a person who suffers from intractable pain”
- taking judicial notice of cost of purchasing cigarettes in rejecting plaintiff’s claim that he could not afford support hose prescribed for his thrombosis
- “Taking judicial notice of the monetary cost of [smoking], we calculate that the cost of the hose could have been covered by the savings claimant would realize if he gave up cigarettes.”
- discounting the claimant’s allegations where he failed to follow prescribed treatment
- discounting the claimant’s allegations where he failed to follow prescribed treatment
- the court rejected plaintiffs application for disability benefits, in part because of plaintiffs refusal to stop smoking to the detriment of his health
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Norris, Peck, Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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