Gardner v. Earnest’s Empirical Analysis
371 F.2d 606 · 1967
Citation profile
15 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 34 later decisions — most recently December 1983 · most notably Hayes v. Gardner (1967), Brandon v. Gardner (1967)
15 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Universal Camera Corp. v. National Labor Relations Board · Thomas v. Celebrezze · Underwood v. Ribicoff · Kerner v. Flemming · Celebrezze v. Bolas
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The standard which emerges from these decisions in our circuit and elsewhere is a practical one: whether there is a reasonably firm basis for thinking that this particular claimant can obtain a job within a reasonably circumscribed labor market. While we have condemned exclusive reliance upon the Dictionary of Occupational Titles and similar publications, we have indicated that these manuals are useful tools in opening up, by way of suggestion, an assortment of possible job titles to which the claimant may be suited. They may serve as the beginning, but not the end, of the inquiry. There must be a further showing as to which of these occupations are in fact available to a person with the claimant’s specific characteristics and impairments. Arm-chair speculation, even by vocational experts, is insufficient in the absence of any evidence that employers in the area have hired persons with the claimant’s limitations or would be willing to do so. Theoretical expertise untarnished by any field investigations is not enough. While we do not require the Secretary to take the claimant by the hand and lead him to a specific job, the statute is not satisfied without a factual showing of job availability for persons of his limited capacity. True, the Act does not entitle a claimant to benefits if work is unavailable because of depressed economic conditions; yet if, as a practical matter, employers would not hire him because of his age, physical impairments and lack of education, he does n”
6 later decisions quote this exact passage · from the majority“the claimant’s mobility turns on the-‘circumstances of the particular case.’" 355 F.2d at 294 . No general rule can satisfactorily adumbrate the precise-circumstances that will be controlling-in a specific case; the claimant’s educational background, physical condition and family responsibilities are all relevant indicia of his geographical mobility. A person in a certain economic: and educational category might well be expected to seek employment in a wider area than would be reasonable for a person in different circumstances. Gardner v. Earnest, 371 F.2d 606 , ft. 609-610 (4th Cir. 1967).”
1 later decision quote this exact passage · from the majority
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.