259 F. Supp. 78 - Robles v. Gardner’s Empirical Analysis

Citation profile

2 federal appellate · 2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Secretary must make determinations as to how the disability alleged affects this Plaintiff. Wimmer v. Celebrezze, 4 Cir., 1966, 355 F.2d 289 ; Dillon v. Celebrezze, 4 Cir., 1965 [ 345 F.2d 753 ; Thomas v. Celebrezze,] 4 Cir., 1964, 331 F.2d 541 ; De Gracia v. Secretary of Health (D.C.P.R., 1966, 248 F.Supp. 522 ). He must then determine what type of work the individual can do in the face of his disability, as has been done here. Celebrezze v. Kelly (5 Cir., 1964, 331 F.2d 981 ); Ray v. Celebrezze, 4 Cir. 1965, 340 F.2d 556 ; Hall v. Celebrezze, 4 Cir. 1965, 347 F.2d 937 . Finally, the Secretary must make a determination as to the availability of such employment and, especially, of the opportunity a person would have in the conditions the Plaintiff is in. Wimmer v. Celebrezze, supra; Torres v. Celebrezze, 1 Cir. 1965, 349 F.2d 342 ; Massey v. Celebrezze, 6 Cir. 1965, 345 F.2d 146 ; De Gracia v. Secretary of Health, D.C.P.R., 1966, 248 F.Supp. 522 . In view of the foregoing, it is hereby ordered, adjudged and decreed, that this case be, and hereby is, remanded to the Secretary of Health, Education and Welfare, in order that he may make specific findings as to the availability and opportunity for employment of a person with the physical handicaps, education and experience of the Plaintiff. It is so ordered.””

   1 later decision quote this exact passage · from the majority
   e.g. Reyes Robles v. Gardner