Egan v. Gardner’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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is an additional reason why the examiner’s decision must be reversed. The examiner stated in his opinion that “if claimant is as limited in her move ments as she claims and appears to be, there is no likelihood of her being able to engage in any substantial gainful activity. * * * ” He never resolved this credibility issue, however, due to his belief that “a claimant’s own statements of his or her symptoms of pain, discomfort and limitation of motion, unless supported by medical evidence, are not sufficient to establish a disability under the Social Security Act. * * * ” This is not a correct statement of the law. While there must be some medical evidence to support a claim of disability —and such evidence existed in this case [as in the instant case; see the opinion of Dr. George W. Geiss, TR pp. 176-178, Ex. 19, quoted at note 4 supra] — symptoms of pain, or inability to exert oneself, need not be objectively shown. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. 293 F. Supp. 1284 - Santagate v. Gardner