Anderson v. Apfel’s Empirical Analysis
2000
Citation profile
7 district ·
Relationships
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Universal Camera Corp. v. National Labor Relations Board · Richardson v. Perales · Bowen v. Yuckert · Williams v. Bowen · 15229b v. Dar Lester
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Fibromyalgia is defined as a syndrome of pain in the fibrous tissues, muscles, tendons, ligaments, etc.” Duncan v. Apfel, 156 F.3d 1243 , 1998 WL 544353 , at (10th Cir.Aug.26,1998) (Table) (citing The Merck Manual of Diagnosis & Therapy, at 1369 (Robert Berkow & Andrew J. Fletcher eds., 16th ed.1992)). “The symptoms of fibromyalgia are entirely subjective, and there are no laboratory tests to identify its presence or severity.” Ward v. Apfel, 65 F.Supp.2d 1208, 1213 (D.Kan.1999) (citing Sarchet v. Chater, 78 F.3d 305, 306 (7th Cir.1996)). “Because fibromyalgia, ..., is diagnosed by ruling out other diseases through medical testing, ..., negative test results or the absence of an objective medical test to diagnose the condition cannot support a conclusion that claimant does not suffer from a potentially disabling condition.” Lantow v. Chater, 98 F.3d 1349 , 1996 WL 576012 , at (10th Cir.Oct.8, 1996) (Table). “Courts have recognized that the pain suffered by those diagnosed with fibro-myalgia can be disabling.” Ward v. Apfel, 65 F.Supp.2d at 1213 (citing Sarchet v. Chater, 78 F.3d at 309 ; Cline v. Sullivan, 939 F.2d 560 (8th Cir.1991); Biri v. Apfel, 4 F.Supp.2d 1276 (D.Kan.1998)).”
1 later decision quote this exact passagee.g. Priest v. Barnhart“However, “[t]he pain [of fibromyalgia] is aggravated by strain or overuse,” The Merck Manual of Diagnosis & Therapy, at 1370, and is accompanied by symptoms such as poor sleep and fatigue, see id. Plaintiffs problems with sleep disturbances and fatigue are documented, (citation omitted). Therefore, it is not apparent what evidence supports. the ALJ’s finding that she need not lie down periodically during the day.”
1 later decision quote this exact passagee.g. Priest v. Barnhart
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.