George R. WEAKLEY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

McKAY, Circuit Judge.

George Weakley appeals the denial of his request for disability insurance benefits. See 42 U.S.C. §§ 416(i), 423 (1982 & Supp. II 1984). He applied for benefits after suffering a back injury at work. An administrative law judge (ALJ) found that his back impairment met disability Listing 1.05 C of 20 C.F.R. part 404, subpart P, appendix 1 (Listing of Impairments). Record, vol. 2, at 20. However, the ALJ found that Mr. Weakley was not entitled to benefits because, without an acceptable reason, he refused to have the back surgery his physician had prescribed. Id. (relying on…