Lippert v. Ribicoff’s Empirical Analysis
1963
Citation profile
6 federal appellate · 4 district ·
Relationships
Applies 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 · Underwood v. Ribicoff · Kerner v. Flemming · Butler v. Flemming · Klimaszewski v. Flemming
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Examiner apparently relied on these statements to support a finding of no disability. However, the law compels that such medical evidence is more proof of disability rather than the contrary. As was stated in Ollis v. Ribicoff (W.D.N.C.1962), 208 F.Supp. 644, at 648 , plaintiff’s “physical and mental capacity to resist or adapt” to his impairments is a “proper basis for evidentiary inferences on these matters. Underwood v. Ribicoff, supra [4 Cir., 298 F.2d 850 ].” * * * Thus, the culminating effect of these many ailments upon plaintiff must be weighed solely on the basis of the effect upon this particular man, not upon what the effects might be on others. (Emphasis added by Judge MacBride). [ 215 F.Supp. 34 ],”
1 later decision quote this exact passage · from the majority“The Secretary (Hearing Examiner) found that plaintiff was not prevented, by reason of his medically determinable ailments, from “continuously engaging in any form of substantial gainful activity” Record, p. 18 without any evidence suggestive of just what activity of a substantial and gainful nature is available to a man in plaintiff’s condition and of his background, training, age and experience. * * * The findings of the “Secretary” are thus without foundation in fact, law, or reason, and must be reversed. (Emphasis the court's). [ 215 F.Supp. 34 ].”
1 later decision quote this exact passage · from the majority““The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing. The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive. * * ””
1 later decision quote this exact passage · from the majority
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.