In Deso v. Astrue, 2011 U.S. Dist. Lexis 137646 (D.Vt. Nov. 29, 2011), the district court held that “it was legal error for the ALJ to base his negative credibility determination primarily on failure to stop smoking. . . .” The District Court relied upon a 7th Circuit decision in stating: “This is an unreliable basis on which to rest a credibility determination.”
If you are disabled due to COPD and you would like to talk to a Georgia and/or Tennessee Disability Lawyer, contact Patrick Cruise at The Hamilton Firm.