Lane v. Gardner’s Empirical Analysis

Citation profile

36 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““After consideration of all the evidence in this case, it is the finding of the Hearing Examiner that the claimant has not established that he was under a ‘disability’, under the definition of ‘disability’ in the Social Security Act; in that he was unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which under the Law prior to July 30, 1965, could be expected to result in death or to be of long-continued and indefinite duration or under the July 1965 amendments, which provide that the claimant’s impairment could be expected to result in death or have lasted for a continuous period of not less than twelve months. It is the further decision of the Hearing Examiner that the claimant was not entitled to either disability insurance benefits under Section 223(a), or to a period of disability under Section 216(i) of the Social Security Act, for any time commencing with April 2, 1966, as alleged in his application filed on August 10, 1966, and continuing through the date hereof.” (Tr— 16-17)”

   2 later decisions quote this exact passage · from the majority
   e.g. Payne v. Cohen · Jenkins v. Gardner

2. “It was for the Secretary and his examiner, as the fact-finders, to pass upon the credibility of the witnesses and weigh and evaluate their testimony. Celebrezze v. Sutton, 338 F.2d 417 , 421 (CA 8, 1964); Thomas v. Celebrezze, 331 F.2d 541 , 543 (CA 4, 1964); Miller v. Ribicoff, 198 F.Supp. 819, 821 (E.D.Mich.1961). Judicial review of the Secretary's findings of fact is limited to inquiry whether there is substantial evidence to support such findings. Section 205(g) of the Act, 42 U.S.C. Sec. 405(g); May v. Gardner, 362 F.2d 616 , 618 (CA 6, 1966); King v. Celebrezze, 341 F.2d 108 , 109 (CA 6, 1965). We hold that there was substantial evidence supporting the Secretary's finding that plaintiff with his disabilities was not foreclosed from any gainful employment. That the District Court or ourselves might arrive at a different factual conclusion is irrelevant. The courts do not try these factual issues de novo. Alsobrooks v. Gardner, 357 F.2d 110 , 111 (CA 5, 1966).”

   1 later decision quote this exact passage · from the majority
   e.g. Myers v. Richardson