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· 8/9/1989

Reginald R. NELSON, # 062-30-4945, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee

Citations

  • 882 F.2d 45
  • 1989 U.S. App. LEXIS 12168

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reasoning that choosing to endure pain in order to pursue important goals should not be held against a claimant when determining benefits unless conduct truly showed ability to work
  • reversing the Secretary’s determination that the claimant was not disabled because he could perform at least sedentary work where the Secretary had not shown that the claimant engaged in activity for sustained periods of time comparable to those required to maintain a sedentary job
  • claimant's ability to withstand back pain during four-hour bus ride not indicative of ability to work
  • “When a disabled person gamely chooses to endure pain in order to pursue important goals, it would be a shame to hold this endurance against him in determining benefits unless his conduct truly showed that he is capable of working.”
  • “When a disabled person gamely chooses to endure pain in order to pursue important goals, it would be a shame to hold this endurance against him in determining benefits unless his conduct truly showed that he is capable of working.”
  • “When a disabled person gamely chooses to endure pain in order to pursue important goals, it would be a shame to hold this endurance against him in determining benefits unless his conduct truly showed that he is capable of working.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Meskill, Wisdom

Read full opinion on CourtListener

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.