Legal Opinion

Robert J. Simmons, II v. United States Railroad Retirement Board

Court of Appeals for the Second Circuit

Decided December 16, 1992No. 33, Docket 91-4065PublishedCited by 58 opinions

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…

2Cases cited29 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
  4. Herbert Carroll v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  5. Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980

24 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Patrick Balsamo v. Shirley S. Chater, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1998
  2. Martone v. ApfelDistrict Court, N.D. New York · 1999
  3. Calzada v. ASTUREDistrict Court, S.D. New York · 2010
  4. Pardee v. AstrueDistrict Court, N.D. New York · 2009
  5. Rockwood v. AstrueDistrict Court, N.D. New York · 2009

53 more not listed; retrieve them via the Exa API.

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