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← 297 FSUPP 976 - Klapatch v. Finch

Klapatch v. Finch’s Empirical Analysis

1969

Citation profile

6
cited by 6 later decisions
August 1972
most recently cited

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 · Consolidated Edison Co of New York v. National Labor Relations Board · National Labor Relations Board v. Columbian Enameling & Stamping Co. · Thomas v. Celebrezze · Brasher v. Celebrezze

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. ““(a) (1) Every individual who— (A) is insured for disability insurance benefits. * * *, (B) has not attained the age of sixty-five, (C) has filed application for disability insurance benefits, and (D) is under disability. * * * shall be entitled to a disability insurance benefit. * * * “(d) (1) The term “disability” means (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; ****** (2) For purposes of paragraph (D (A)— (A) an individual * * * shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, edgage in any other kind of substanucation, and work experience, ential gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), “work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. (3) For purposes of this subsection, a physical or mental impairment is a”
    2 later decisions quote this exact passage · from the majority
  2. ““(g) Any individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Secretary may allow. Such action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides or has his principal place of business. * * * As part of his answer the Secretary shall file a certified copy of the transcript of the record including evidence upon which the findings and decision complained of are based. 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 rehearing. The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive. * * *” 42 U.S.C.A. § 405 (g).”
    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.