Flemming v. Booker’s Empirical Analysis

Citation profile

50 federal appellate · 8 district · 2 state decisions

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

1. ““The Referee found that, ‘the regularity and continuity of claimant’s services in the used car lot during this statutory period makes a finding of inability to engage in gainful work wholly untenable.’ We do not agree. There is no reason why the rules established by the Supreme Court and by this Circuit in connection with other statutes should not be here applicable. In Berry v. United States, 1941, 312 U.S. 450, 455, 456 , 61 S.Ct. 637, 639 , 85 L.Ed. 945 , Mr. Justice Black, speaking for a unanimous Court, said: “ ‘It was not necessary that petitioner be bedridden, wholly helpless, or that he should abandon every possible effort to work in order for the jury to find that he was totally and permanently disabled. It cannot be doubted that if petitioner had refrained from trying to do any work at all, and the same evidence of physical impairment which appears in this record had been offered, a jury could have properly found him totally and permanently disabled. And the jury could have found that his efforts to work — all of which sooner or later resulted in failure — were made not because of his ability to work but because of his unwillingness to live a life of idleness, even though totally and permanently disabled within the meaning of his policies.’ “In Mabry v. Travelers Ins. Co., 5 Cir., 1952, 193 F.2d 497, 498 , Judge Holmes, for this Circuit, said: “ ‘Pinched by poverty, beset by adversity, driven by necessity, one may work to keep the wolf away from the door though not ”

   4 later decisions quote this exact passage
   e.g. Randall v. Flemming · Webb v. Celebrezze

2. “Whether or not an impairment in a particular case ... constitutes a disability ... is determined from all the facts of that case. Primary consideration is given to the severity of the individual’s impairment. Consideration is also given to such other factors as the individual’s age, education, and work experience. Medical considerations alone can justify a finding that the individual is not under a disability where the only impairment is a slight neurosis, slight impairment of sight or hearing, or other slight abnormality or a combination of slight abnormalities. On the other hand, medical considerations alone (including the physiological and psychological manifestations of aging) can, except where other evidence rebuts a finding of “disability,” e.g. the individual is actually engaging in substantial gainful activity, justify a finding that the individual is under a disability where his impairment ... is listed in the appendix to this subpart or the Secretary determines his impairment (or combined impairments) to be medically the equivalent of a listed impairment.”

   1 later decision quote this exact passage
   e.g. Chico v. Schweiker

3. ““ * * * Perhaps it is true that history teaches that ‘A man may have to endure discomfort or pain and not be totally disabled; much of the best work of life goes on under such disabilities * * *.’ But the purpose of much social security legislation is to ameliorate some of these rigors that life imposes. Congress has in effect stated that if a person is unable except under great pain to engage in any substantial gainful activity in which he might be employable, taking into consideration his age, training, work experience and physical and mental capacities, he shall be deemed to be disabled for the purposes of this Act.””

   1 later decision quote this exact passage
   e.g. Park v. Celebrezze