Smith v. Apfel’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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

1. “20 C.F.R. § 404.1574 (a)(1) provides that in determining whether an individual is able to engage in substantial gainful activity, the agency will generally consider work that a claimant is “forced to stop after a short time because of [an] impairment as an unsuccessful work attempt and ... earnings from that work will not show that [claimant is] able to do substantial gainful activity.” In Andler v. Chater, 100 F.3d 1389, 1392 (8th Cir.1996), we held that a “work effort that lasts less than three months can be considered an unsuccessful work attempt when a claimant is unable to perform work for more than a short time, and must quit due to an impairment.” See also King v. Chater, 72 F.3d 85, 86 (8th Cir.1995); Sample v. Shalala, 999 F.2d 1138, 1142 (7th Cir.1993). Here, it seems very clear that Smith was not able to continue his work because of his back condition. This is demonstrated not only by his own testimony, but by the medical evidence in the record and the fact that he required a second and third surgery after his unsuccessful work attempt. Therefore, we conclude that Smith is entitled to disability benefits for the stated period.”

   1 later decision quote this exact passage · from the majority
   e.g. 182 F. Supp. 2d 803 - Driskell v. Barnhart