Robert J. Simmons, II v. United States Railroad Retirement Board
Court of Appeals for the Second Circuit
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
Robert Simmons seeks to review a decision of the United States Railroad Retirement Board (the “Board”) denying his application for a disability annuity under the Railroad Retirement Act, 45 U.S.C. § 231a(a)(l)(v) (1988). The Board based its decision on (1) its determination that Simmons retained the capacity to perform light work, and (2) Simmons’s refusal to submit to a psychiatric examination, see 45 U.S.C. § 362(n) (1988) (incorporated by reference by 45 U.S.C. § 231f(b)(3) (1988)) (Board may deny benefits if “employee unreasonably refuses to take ... an…
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