Margaret L. Nichols v. Joseph A. Califano, Secretary of the Department of Health, Education, and Welfare

This case may raise an important issue pertaining to the administration of disability benefits under 42 U.S.C. §§■ 416(i) and 423. It is whether a claimant whose disabling impairment reasonably can be regarded as remediable is entitled to disability benefits notwithstanding a refusal to undergo the remedy. My answer to the question is no. Under such circumstances, the refusal is wilful within the meaning of 20 C.F.R. § 404.1507 (1976).

I am not certain how the majority responds to the issue. Judge Kennedy acknowledges that there exists in this case “substantial evidence to support a finding…