FRALEY v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 83-5320.

733 F.2d 437 (1984)

Harold W. FRALEY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 8, 1984.


Attorney(s) appearing for the Case

Frank H. McCartney, argued, Suit, McCartney & Price, Flemingsburg, Ky., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Miles H. Franklin, Peter M. Davenport, argued Asst. U.S. Attys., Lexington, Ky., for defendant-appellee.

Before JONES and CONTIE, Circuit Judges, and CHURCHILL, District Judge.


CONTIE, Circuit Judge.

Harold Fraley appeals from a district court order affirming the Secretary of Health and Human Services' termination of social security disability benefits. The issues on appeal are whether the record contains substantial evidence to support the ALJ's finding that (1) the claimant's impairment is no longer severe, and (2) the claimant unreasonably refused to undergo back surgery for his impairment.

The claimant was originally granted...

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