Daniel v. Gardner’s Empirical Analysis
390 F.2d 32 · 1968
Citation profile
18 federal appellate ·
How this case has been cited
Cited by 35 later decisions — most recently August 2007 · most notably Ingram v. Commissioner of Social Security Administration (2007), Ferguson v. Schweiker (1981)
18 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 Gardner v. Smith · Alsobrooks v. Gardner · Bridges v. Gardner
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(2) For purposes of paragraph (D (A)— (A) an individual * * * shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), ‘work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. ****** “(3) For purposes of this subsection, a ‘physical or mental impairment’ is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.””
2 later decisions quote this exact passage · from the majority““Any individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Secretary may allow. Such action shall be brought in the district court of the United States for the judicial district in wbicli the plaintiff resides or has his principal place of business, * * The 1967 amendments to the Social Security Act ( Pub.L. 90-248, 81 Stat. 821), which are applicable here, define “disability” under both § 416 (i) and § 423 (d), (1), (A) in the same way: “The term ‘disability’ means — inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.””
2 later decisions quote this exact passage · from the majority“In his report to the hearing examiner he said “This patient was first actively treated by me for hypertension in 1961 * * * and it is my opinion she would have been unemployable since that time.” Significantly, however, the Appeals Council added to the record a letter from Dr. Lumpkin reciting in detail his treatment of appellant. This letter states that he began actively treating appellant for “severe nervousness” in 1951 and in July of 1954 he requested Goodyear Tire & Rubber Company to give her a three months’ leave of absence because of this condition. Dr. Lumpkin’s report concludes that “She was permanently and totally disabled at that time [upon her retirement from Goodyear] and was unable to seek gainful employment after her medical retirement from Goodyear Tire & Rubber Company, Gadsden, Alabama.” It is quite apparent that Dr. Lump-kin’s reference to the year 1961 in his first statement to the hearing examiner was a mistake which was corrected as being the year 1951 in his later statement to the Appeals Council. It is manifest that the hearing examiner made his findings based upon the erroneous date in Dr. Lumpkin’s first statement — disability accruing in 1961— and necessarily therefore found that she was not entitled to receive disability insurance benefits “because it is essential that a person become disabled at a time he or she meets the special earnings requirements of the Social Security Act” (in this case June 30, 1959). The Appeals Council, however, had the b”
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.