Klimaszewski v. Flemming’s Empirical Analysis
1959
Citation profile
27 federal appellate · 29 district ·
How this case has been cited
Cited by 119 later decisions — most recently June 1978 · most notably Thomas v. Celebrezze (1964), Celebrezze v. Bolas (1963)
27 federal appellate · 29 district ·
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
Applies 33 U.S.C. § 901 · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 416 (§ 216 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 · 166 F. Supp. 44 - Dunn v. Folsom
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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * However, the definition of disability cannot be considered in vacuo. The definition relates to the individual claimant. ‘The act is concerned not with a standard man of ordinary and customary abilities, but with the particular person who may claim its benefits and the effect of the impairment upon that person, with whatever abilities or inabilities he has’. Dunn v. Folsom, D.C.W.D.Ark. 1958, 166 F.Supp. 44, 48 .””
21 later decisions quote this exact passage““ * * * From the weight of the acceptable and credible medical evidence of record it is found that the claimant was not so impaired and that the claimant as of December 31, 1962, had a residual physical capacity which, considered, in connection with his age, education and experience, is determined to be adequate to enable him to discharge the job requirements of the numerous jobs listed by Dr. Granick. * * * “After consideration of the entire record, including the testimony at both hearings, both medical and non-medical, the Hearing Examiner finds that the claimant has not sustained his burden of proof of establishing that he has been continually unable to engage in any substantial gainful activity by reason of a medically determinable impairment or combination of impairments of the level of severity contemplated by the Act at any time on or before December 31, 1962, the terminal date to which the claimant was insured for such benefits under the Social Security Act. The Hearing Examiner finds on the basis of the substantial preponderance of the credible evidence that the claimant is not so disabled.””
5 later decisions quote this exact passage“`The test for disability consists principally of two parts: (1) a determination of the extent of the physical or mental impairment and (2) a determination whether that impairment results in an inability to engage in any substantial gainful activity'.”
4 later decisions quote this exact passage
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.