James v. Gardner’s Empirical Analysis
384 F.2d 784 · 1967
Citation profile
17 federal appellate ·
How this case has been cited
Cited by 39 later decisions — most recently October 1986 · most notably Domozik v. Cohen (1969), Grose v. Cohen (1969)
17 federal appellate ·
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 Hobby v. Hodges · Carter v. Celebrezze · Moore v. Celebrezze · Brown 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In Carter v. Celebrezze, 367 F.2d 382 (4 Cir. 1966), we had occasion to point out ‘ * * * that the 1965 amendments have not altered the requirement that a claimant must establish that he has become “disabled” prior to the expiration of his insured status’ Id., p. 384. Implicit in that decision, and in Brown v. Celebrezze, 367 F.2d 455 (4 Cir. 1966), is the holding that the 1965 amendments only altered the period of time that a disability, if established, must be likely to endure before the plaintiff was entitled to benefits; but that they did not change the required severity of the physical or mental impairments constituting ‘disability,’ as distinguished from their duration.””
2 later decisions quote this exact passage · from the majority“Ordinarily a final determination by the Secretary that the physical and mental impairments claimed in 1960 were not sufficiently severe to constitute ‘disability’ was, as the trial examiner and the district judge both decided, res judicata of the 1965 claim. Hobby v. Hodges, 215 F.2d 754 (10 Cir. 1954); Phillip v. Ribicoff, 211 F.Supp. 510 (E.D.Pa.1962), aff’d sub nom., Phillip v. Celebrezze, 319 F.2d 530 (3 Cir. 1963); Moore v. Celebrezze, 252 F.Supp. 593 (E.D.Pa.1966). Certainly, the district judge’s affirmance of the Secretary’s denial of the 1960 claim was res judicata of a reapplication in 1965 based upon facts and matters theretofore litigated.”
1 later decision quote this exact passage · from the majority““Good cause” shall be deemed to exist where: (a) New and material evidence is furnished after notice to the party to the initial determination; (b) A clerical error has been made in the computation or recomputation of benefits; (c) There is an error as to such determination or decision on the face of the evidence on which such determination or decision is based.”
1 later decision quote this exact passage · from the majoritye.g. Mullins v. Cohen
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.