Evans v. Shalala’s Empirical Analysis

Citation profile

7 federal appellate ·

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

1. “[t]he functional demands and job duties of the occupation as generally required by employers throughout the national economy.”

   5 later decisions quote this exact passage
   e.g. Inez One Star v. Shirley S. Chater, in Her Capacity as Commissioner of Social Security Administration · 109 F. Supp. 2d 1102 - Priest v. Apfel

2. “a broad generic, occupational classification of [the applicant's past job], e.g., `delivery job,' `packaging job,'”

   2 later decisions quote this exact passage
   e.g. Ben E. McDade v. John J. Callahan, Acting Commissioner of Social Security · Smith v. Barnhart

3. “If, following the proper procedures, the ALJ finds the claimant cannot return to his past relevant work, he will have to shift the burden of proof from the claimant, who has had to prove he is disabled, to the Secretary, who, at step five, has the duty to establish that the claimant is not disabled under the Act. Pickner v. Sullivan, 985 F.2d 401, 403 (8th Cir.1993); Butler v. Secretary of Health and Human Services, 850 F.2d 425, 426 (8th Cir.1988). The Secretary would have to prove, either by the Medical-Vocational Guidelines (“the grid”) or by a vocational expert, that other kinds of work are available in the national economy which realistically suit the claimant. O’Leary v. Schweiker, 710 F.2d 1334, 1338-39 (8th Cir.,1983).”

   1 later decision quote this exact passage
   e.g. Davis v. Callahan