Pollak v. Ribicoff’s Empirical Analysis
300 F.2d 674 · 1962
Citation profile
22 federal appellate · 8 district · 1 state decisions
Relationships
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 415 (§ 215 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 · Kerner v. Flemming · Butler v. Flemming · Klimaszewski v. Flemming · 168 F. Supp. 291 - Aaron v. Fleming
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The Examiner’s suggestion that Mrs. Poliak might be able to engage in language teaching fails under the principle, stated in Kerner v. Flemming, that ‘mere theoretical ability to engage in substantial gainful activity is not enough if no reasonable opportunity for this is available.’ * * * Mrs. Poliak lacks the academic qualifications and licenses necessary for teaching in a school, even if her health would permit her to do this on a part-time basis, which is doubtful. The only teaching possibility that was in any way open would be giving private lessons in English to German-speaking persons willing to come to her room in Flushing when she was physically able to teach them; there was no evidence that any such possibility was more than theoretical. Although the Examiner referred generally to ‘other light sedentary work,’ the record contains no suggestion what this might be; the case thus differs from Graham v. Ribicoff, supra, where the Appeals Council had taken notice of government studies showing that many types of jobs were filled by persons having the same disability suffered by applicant.””
3 later decisions quote this exact passage · from the majority“[T]he term `disability' means * * 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 to be of long-continued and indefinite duration * * *.”
2 later decisions quote this exact passage · from the majority“Such a determination requires resolution of two issues — what can applicant do, and what employment opportunities are there for a man who can do only what applicant can do? Mere theoretical ability to engage in substantial gainful activity is not enough if no reasonable opportunity for this is available.”
1 later decision quote this exact passage · from the majoritye.g. Celebrezze v. Bolas
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.