Wright v. Massanari’s Empirical Analysis

Citation profile

5 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(i) At the first step, we consider your work activity, if any. If you are doing substantial gainful activity, we will find that you are not disabled. (ii) At the second step, we consider the medical severity of your impairment(s). If you do not have a severe medically determinable physical or mental impairment that meets the duration requirement in § 404.1509, or a combination of impairments that is severe and meets the duration requirement, we will find that you are not disabled. (iii) At the third step, we also consider the medical severity of your impairments). If you have an impairments) that meets or equals one of our listings in appendix 1 of this subpart and meets the duration requirement, we will find that you are disabled. (iv) At the fourth step, we consider our assessment of your residual functional capacity and your past relevant work. If you can still do your past relevant work, we will find that you are not disabled. (v)At the fifth and last step, we consider our assessment of your residual functional capacity and your age, education, and work experience to see if you can make an adjustment to other work. If you can make an adjustment to other work, we will find that you are not disabled. If you cannot make an adjustment to other work, we will find that you are disabled.”

   1 later decision quote this exact passage · from the majority
   e.g. Blankenship v. Commissioner of Social Security

2. “The implication of [the claimant’s] argument is that the Commissioner should be bound by the Dictionary’s characterization of these occupations. But this court has previously ruled to the contrary. In Conn v. Secretary of Health & Human Services, 51 F.3d 607, 610 (6th Cir.1995), the court held that the [administrative law judge] and consulting vocational experts are not bound by the Dictionary in making disability determinations because the Social Security regulations do not obligate them to rely on the Dictionary’s classifications.”

   1 later decision quote this exact passage · from the majority
   e.g. Timothy Ledford v. Commissioner of Social Security

3. “[T]he ALJ and consulting vocational experts are not bound by the [DOT] in making disability determinations because the Social Security regulations do not obligate them to rely on the [DOT’s] classifications.”). 9 .The Commissioner argues that the failure of Harris’ counsel to cross-examine Turecki regarding this conflict in the testimony or to identify it before the ALJ defeats her claim on appeal. We have held that, where there is an alleged conflict between the testimony of a vocational expert and the DOT, and the claimant”

   1 later decision quote this exact passage · from the majority
   e.g. Anita Harris v. Comm'r of Social Security