Durden v. Colvin’s Empirical Analysis
2016
Citation profile
Relationships
Applies 28 U.S.C. § 636 · 38 U.S.C. § 1114 · 38 U.S.C. § 1501 · 38 U.S.C. § 1521 · 38 U.S.C. § 521 · 42 U.S.C. § 1382C (§ 1614 of the Social Security Act of 1935) · 42 U.S.C. § 1383 (§ 1631 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Richardson v. Perales · Consolidated Edison Co of New York v. National Labor Relations Board · Pierce v. Underwood · Bowen v. Yuckert · Sims v. Apfel
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Seventh Circuit explained that attributing “great” weight to a disability determination of the VA “disregards the substantial difference between the criteria used in the [VA and the SSA]; programs.” Allord v. Barnhart, 455 F.3d 818, 820 (7th Cir. 2006). The court further stated that “the Department of Veterans Affairs requires less proof of disability than the Social Security Administration does.” Id. Moreover,-even in circuits which hold that other agency disability determinations are entitled to “great weight,” courts still give varying weight to such determinations, “depending upon ‘the factual circumstances of each case.” Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001).”
1 later decision quote this exact passage“[S]ervice-connected disability compensation ,.. is decidedly different [from to the benefits obtainable under the Social Security Act], and it is the substantive nature of this benefit that must be compared to those under the comparator statutes — There are very important substantive differences between the Veterans’ Benefits Act and the Social Security Act ... especially between the service-connected disability ' compensation ... and the available benefits under the comparator acts. These differences render the Veterans’ Benefits Act, as a matter of statu tory construction, dissimilar to the Social Security Act....”
1 later decision quote this exact passage“a disability of 40 percent, and another disability of 20 percent” would equal a rating of 50 percent. See 38 C.F.R. § 4.25 . . See http://www.benefits.va.gOv/WARMS/M 21_lMR3.asp# d (last accessed January 15, 2016). .See also 38 C.F.R. §§ 4.2 , 4.6 (how an adjudicator evaluates the evidence): Culver v. McDonald, No. 14-1458, 2015 WL 1768682 , at (Vet.App. Apr. 20, 2015); Evans v. McDonald, 27 Vet.App. 180, 188 (2014); Moore v. Nicholson, 21 Vet.App. 211, 218 (2007) (”
1 later decision 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.