Holbrook v. Ribicoff’s Empirical Analysis

Citation profile

7 federal appellate ·

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

1. ““The administrative decision in this case does not measure up to our adopted standard. Not only was there no substantial evidence to show that appellant could engage in some substantial gainful activity; but, also, there was no evidence that employment was available to appellant in those fields of endeavor which the hearing examiner found him capable of handling. In fact, all the evidence points to the conclusion that appellant cannot engage in any substantial gainful work; and it is mere speculation to say that he can get a job as a furniture repairer * * (P. 763.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Walker v. Ribicoff · 207 F. Supp. 904 - Rials v. Ribicoff

2. “« < * * * (T)here was here no substantial evidence that would enable the Secretary to make any reasoned determination whether applicant was “unable to engage in substantial and gainful activity (commensurate with his age, educational attainments, training experience, mental and physical capacities).” * * * “ ‘ “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 majority
   e.g. Harless v. Celebrezze

3. ““ * * * 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 a rehearing.” [it further provides that] * * * “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
   e.g. Stancavage v. Celebrezze