376 F. Supp. 2d 916 - Mitchell v. Barnhart’s Empirical Analysis
2005
Citation profile
1 district ·
Relationships
Applies 28 U.S.C. § 2412 · 42 U.S.C. § 401 (§ 201 of the Social Security Act of 1935) · 42 U.S.C. § 406 (§ 206 of the Social Security Act of 1935)
Relies on Johnson v. Georgia Highway Express, Inc. · Gisbrecht v. Barnhart · Burnett v. Heckler · Lewis v. Secretary of Health & Human Services · Cotter v. Bowen
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“must specifically identify the positions taken by the government in the case that the applicant alleges were not substantially justified.”
7 later decisions quote this exact passage · from the majority“(1)(A) 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 Commissioner of Social Security may, notwithstanding the provisions of section 405(i) of this title, but subject to subsection (d) of this section, 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.”
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.