Walters v. Gardner’s Empirical Analysis

Citation profile

19 federal appellate · 2 district ·

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

1. “(A) 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; . . . (B) . . . (2) For purposes of paragraph (1) (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. (B) . . . (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. (4) . . . (5) An individual shall not be considered to be under a disability unless he furnishes such medical and othe”

   2 later decisions quote this exact passage · from the majority
   e.g. Candelaria v. Weinberger · 380 F. Supp. 293 - Bishop v. Weinberger

2. ““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. Osborne v. Cohen · Payne v. Cohen

3. ““We cannot fault the examiner for his conclusion that appellant’s proofs did not establish disability by the quality of proof now required. It is true that in his opinion the examiner made reference to the absence of ‘objective’ medical findings. Citing our recent case of Whitt v. Gardner, 389 F.2d 906, 909, 910 (6th Cir. 1968), appellant now asserts that the examiner arrived at his conclusion by employing impermissible standards. Considering the examiner’s opinion as a whole, we are not persuaded that his conclusion was bottomed upon the absence of objective medical findings, and we are satisfied that appellant did not offer, nor did the record contain, evidence that he was suffering from abnormalities that had been demonstrated by ‘medically acceptable clinical and laboratory diagnostic techniques.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Pope v. Harris · 322 F. Supp. 1132 - Miles v. Secretary of Health, Education & Welfare