Branham v. Gardner’s Empirical Analysis
383 F.2d 614 · 1967
Citation profile
45 federal appellate · 6 district · 3 state decisions
How this case has been cited
Cited by 99 later decisions — most recently January 2014 · most notably Bastien v. Califano (1978), Robles v. Finch (1969)
45 federal appellate · 6 district · 3 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
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Thomas v. Celebrezze · Underwood v. Ribicoff · Kerner v. Flemming · Lyles v. United States · 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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under ordinary circumstances, a Hearing Examiner’s finding that an applicant for disability benefits lacked the motivation to work would be entitled to some weight; but when the applicant is suffering from psychoneurosis, lack of motivation to work is irrelevant. In such an affliction, it is, in itself, one of the symptoms of the disorder from which appellant admittedly suffers.””
4 later decisions quote this exact passage“Before making a finding of a claimant’s ability or inability to engage in any substantial gainful activity as contemplated by the law, there is a duty to consider the objective medical facts, which are the clinical findings of examining or treating physicians divorced from their expert judgment or opinions as to the significance of the clinical findings; (2) the medical opinions of these physicians; (3) the subjective evidence of pain and disability testified to by the claimant and corroborated by other evidence; and (4) the claimant’s background, work history and present age. Id. at 302 (citations omitted).”
3 later decisions quote this exact passage““The Act nowhere states a requirement that a claimant establish his disability by ‘objective’ medical evidence. In a case such as the present one, much of the evidence was subjective in nature, appellant’s primary complaint being that of incapacitation because of extreme pain. This Court, as well as others, has considered the infection of an examiner’s findings by such an erroneous legal standard to be reversible error, no matter what our own view be as to the correctness of his ultimate conclusion. * * * ” “ * * * We conclude, however, that while these amendments confirm the examiner’s requirement that ‘the existence of an impairment must be established by * * * medical, clinical, or laboratory evidence,’ they do not support his insistence that the medical evidence be ‘objective’. Hence our need to reverse is not obviated by these recent amendments to the Act.””
2 later decisions quote this exact passage
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.