THOMAS v. HECKLER

No. CV 82-63-M.

562 F.Supp. 501 (1983)

Thomas W. THOMAS, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services of the United States, Defendant.

United States District Court, D. Montana, Missoula Division.

May 9, 1983.


Attorney(s) appearing for the Case

Jeffry D. Ellingson, Kalispell, Mont., for plaintiff.

Allen R. McKenzie, Asst. U.S. Atty., Butte, Mont., for defendant.


OPINION

RUSSELL E. SMITH, District Judge.

In this case, as in so many which have come before the court in recent months, the question is whether the plaintiff is a malingerer seeking a free ride on the back of an already overburdened system, or whether he is disabled by reason of real pain which prevents him from performing any type of gainful employment. The physiological origins of plaintiff's pain are obscure. The administrative law judge (ALJ) found...

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