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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.