Bowling v. Shalala’s Empirical Analysis

Citation profile

2 federal appellate · 5 district ·

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

1. “(1) a claimant who is working, engaging in a substantial gainful activity, will not be found to be disabled no matter what the medical findings are; (2) a claimant will not be found to be disabled unless he has a “severe impairment”; (3) a claimant whose impairment meets or is equivalent to an impairment listed in Appendix 1 of the regulations will be considered disabled without the need to consider vocational factors; (4) a claimant who is capable of performing work that he has done in the past must be found “not disabled”; and (5) if the claimant is unable to perform his previous work as a result of his impairment, then factors such as his age, education, past work experience, and residual functional capacity must be considered to determine whether he can do other work.”

   8 later decisions quote this exact passage · from the majority
   e.g. Graves v. Colvin · Carson v. Berryhill

2. “hypothetical question ... can be said to incorporate reasonably all disabilities of the claimant recognized by the ALJ, and the claimant or his representative is afforded the opportunity to correct deficiencies in the ALJ’s question by mentioning or suggesting to the vocational expert any purported defects in the hypothetical questions (including additional disabilities not recognized by the ALJ’s findings and disabilities recognized but omitted from the question).”

   4 later decisions quote this exact passage · from the majority
   e.g. Slaughter v. Astrue · 278 F. Supp. 2d 797 - Bridges v. Commissioner of Social Security Administration

3. “) were not supported by substantial evidence. 1 The case was referred to a magistrate judge. The magistrate found that the district court had no jurisdiction to consider whether the ALJ applied the wrong legal standard. As to McQueen's other contentions, the magistrate recommended upholding the ALJ's findings. The district court adopted the magistrate's recommendations, and McQueen timely appealed. II 3 A claimant is not entitled to disability benefits unless he establishes that he is unable”

   1 later decision quote this exact passage · from the majority
   e.g. McQueen v. Apfel