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WEAKLEY v. BOWEN

No. 85-1978.

803 F.2d 575 (1986)

George R. WEAKLEY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 14, 1986.

Attorney(s) appearing for the Case

Paul F. McTighe, Jr., Tulsa, Okl., for plaintiff-appellant.

Roger Hilfiger, U.S. Atty. for the E.D. Okl., Gayla Fuller, Chief Counsel, Region VI, Patrick A. Hudson, Principal Regional Counsel, Litigation Branch, and Karen J. Behner, Asst. Regional Counsel, Office of Gen. Counsel, Dept. of Health and Human Services, Dallas, Tex., for defendant-appellee.

Before McKAY and ANDERSON, Circuit Judges, and JOHNSON, District Judge.

McKAY, Circuit Judge.

George Weakley applied for and was denied disability insurance benefits after suffering a back injury at work. The administrative law judge (ALJ) found that, although Mr. Weakley's back impairment constituted a disability under the statute, he was not entitled to benefits because he refused to submit to prescribed back surgery. Both the Social Security Administration Appeals Council and the United States District Court for the Eastern District...

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