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← 143 F.3d 1240 - 16035b v. Dar Sousa M

16035b v. Dar Sousa M’s Empirical Analysis

Citation profile

35
cited by 35 later decisions
1
states following
January 2019
most recently cited

6 district · 1 state decisions

How this case has been cited

Cited by 35 later decisions — most recently January 2019 · most notably 9 F. Supp. 2d 230 - Downs v. Apfel (1998), Department of Environmental Services v. Land Use Commission (2012)

6 district · 1 state decisions

210199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 15161b v. Dar a Smolen · Andrews v. Shalala · Bunnell v. Sullivan · Denbicare U.S.A., Inc. v. Toys "R" Us, Inc. · Flaten v. Secretary of Health & Human Services

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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[a]n individual shall not be considered disabled ... if alcoholism or drug addiction would ... be a contributing factor material to the Commissioner’s determination that the individual is disabled.”
    2 later decisions quote this exact passage · from the majority
  2. “The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol. (2) In making this determination, we will evaluate which of your current physical and mental limitations, upon which we based our current disability determination, would remain if you stopped using drugs or alcohol and then determine whether any or all of your remaining limitations would be disabling. (i) If we determine that your remaining limitations would not be disabling, we will find that your drug addiction or alcoholism is a contributing factor material to the determination of disability. (ii) If we determine that your remaining limitations are disabling, you are disabled independent of your drug addiction or alcoholism and we will find that your drug addiction or alcoholism is not a contributing factor material to the determination of disability.”
    1 later decision quote this exact passage · from the majority
  3. “The ‘key factor ... in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability' is whether an individual would still be found disabled if [he] stopped using alcohol or drugs.” Sousa v. Callahan, 143 F.3d 1240, 1245 (9th Cir.1998) (citation omitted); 20 C.F.R. §§ 404.1535 (b)(1), 416.935(b)(1). 8 .”
    1 later decision quote this exact passage · from the majority

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.