Gardner v. Smith’s Empirical Analysis

Citation profile

32 federal appellate · 4 district · 3 state decisions

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

1. ““* * * [Ijnability 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 * *”

   6 later decisions quote this exact passage · from the majority
   e.g. Egan v. Gardner · Patton v. Finch

2. ““We conclude that the Secretary failed to employ the proper legal standards in making his determination of the claimant’s disability. There should have been a determination by the Secretary of whether or not the claimant’s physical or mental impairment would prevent him from being hired to fill jobs, if such jobs were open in the area in which the claimant could reasonably be expected to compete. If the hiring practices and policies of employers will not permit the employment of a man, who because of an impairment could not ‘carry his load,’ then he must be considered disabled.” (Emphasis supplied.)””

   2 later decisions quote this exact passage · from the majority
   e.g. 447 F. Supp. 410 - Strickland v. Califano · Daniel v. Gardner

3. “However, when the record is . . . fully developed . . . and there seems little or no likelihood that additional evidence would be presented at a new hearing, a Court can determine whether substantial evidence would support the Secretary if the appropriate test had been applied.”

   1 later decision quote this exact passage · from the majority
   e.g. Benitez v. Califano