regulations permits a claimant to refuse prescribed medical treatment without losing his entitlement to disability benefits, if he has a justifiable reason for refusing treatment. 20 C.F.R. 404.1530(c). Some examples of justifiable cause are: the treatment is contrary to the claimant’s religious beliefs; similar surgery was previously unsuccessful; the surgery is very risky; or the surgery involves amputation of an extremity. Id. Although some courts have used an objective standard when analyzing whether a claimant’s refusal of prescribed treatment is reasonable or justifiable, the majority of courts use a more lenient, subjective standard. Johnson v. Secretary of Health and Human Services, 794 F.2d 1106, 1113 (6th Cir.1986); See also Stone v. Harris, 657 F.2d 210, 215 (8th Cir.1981) (<HOLDING>). Courts are even more likely to employ a
holding that jury could plausibly have found that plaintiff had a physical impairment based on her own testimony and the testimony of an expert who stated that her morbid obesity was the result of a physiological disorder holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment holding that the proper question for the agency is not whether stones obesity is in some clinical sense remediable but whether her obesity is the sole cause of her disabilities and if so whether her obesity is reasonably remediable by her holding that a jury may conclude that morbid obesity constitutes a disability in cases in which the plaintiff presents expert testimony that the morbid obesity at issue is a physiological disorder involving a dysfunction of both the metabolic system and the neurological appetitesuppressing signal system capable of caus ing adverse effects within the musculoskeletal respiratory and cardiovascular systems