Gardner v. Menendez’s Empirical Analysis
373 F.2d 488 · 1967
Citation profile
26 federal appellate · 7 district ·
How this case has been cited
Cited by 50 later decisions — most recently July 2024 · most notably Glendal B. Webb v. Elliot L. Richardson (1972), Mckittrick v. Gardner (1967)
26 federal appellate · 7 district ·
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
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 406 (§ 206 of the Social Security Act of 1935)
Relies on Celebrezze v. Sparks · Chernock v. Gardner · Robinson v. Celebrezze
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(b) (1) Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 405 (i) of this title, certify the amount of such fee for payment to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may be payable or certified for payment for such representation except as provided in this paragraph.” The administrative regulation interpreting § 406 is 20 C.F.R. § 404.974 :”
2 later decisions quote this exact passage“[t]here is nothing singular in the fact that counsel who appears in two forums should apply to each for the aliquot part of his total fee * * *.”
2 later decisions quote this exact passage“rendered in connection with proceedings before a court to which paragraph 1 of this subsection is applicable.”
1 later decision quote this exact passagee.g. Guido v. Schweiker
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.