Bladow v. Apfel’s Empirical Analysis

Citation profile

4 federal appellate · 1 district ·

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

1. “is an assessment of an individual's ability to do sustained work-related physical and mental activities in a work setting on a regular and continuing basis.”

   2 later decisions quote this exact passage · from the majority
   e.g. Woodcock v. Commissioner of Social Security · Myers v. Apfel

2. “The five steps in determining whether a claimant is disabled for purposes of receiving disability benefits are: (1) Is the claimant engaged in substantial gainful activity? (2) If not, does the claimant have a medically severe impairment or combination of impairments? (3) If so, is the impairment equivalent to one of a number of listed impairments found at 20 C.F.R. pt. 404, subpt. P, App. 1? (4) If not, is the claimant precluded from performing his previous work because of his impairment? (5) If so, does the claimant's impairment prevent him from performing other work in the national economy given his age, education, and work experience? If the impairment precludes him from performing other work, the claimant is entitled to benefits. Bowen v. Yuckert, 482 U.S. 137, 140-42 , 107 S.Ct. 2287 , 96 L.Ed.2d 119 (1987). At step five of the disability inquiry, the burden of proof shifts to the Commissioner. Kerns v. Apfel, 160 F.3d 464, 466 (8th Cir.1998).”

   1 later decision quote this exact passage · from the majority
   e.g. 110 F. Supp. 2d 1162 - McPherson v. Apfel

3. “To establish a disability claim, the claimant bears the initial burden to show that she is unable to perform her past relevant work.... If met, the burden of proof then shifts to the Commissioner to demonstrate that the claimant retains the physical residual functional capacity to perform a significant number of jobs in the national economy that are consistent with the claimant’s impairments and with vocational factors such as age, education, and work experience.”) (citations omitted). 6 . Wiekamp also contends that it is significant that, although the first hypothetical question specified”

   1 later decision quote this exact passage · from the majority
   e.g. Wiekamp v. Apfel