Perez v. Barnhart’s Empirical Analysis

Citation profile

6 federal appellate ·

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

1. “(1) whether the claimant is currently engaged in substantial gainful activity (whether the claimant is working); (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals the severity of an impairment listed in 20 C.F.R., Part 404, Subpart B, Appendix 1; (4) whether the impairment prevents the claimant from doing past relevant work (whether the claimant can return to his old job); and (5) whether the impairment prevents the claimant from doing any other work.”

   5 later decisions quote this exact passage · from the majority
   e.g. Anthony Theriot v. Carolyn Colvin, Acting Cmsnr · Wilson v. Barnhart

2. “[Sjuch relevant evidence as a reasonable mind might accept to support a conclusion. It must do more than create a suspicion of the existence of the fact to be established, but “no substantial evidence” will be found only where there is a “conspicuous absence of credible choices” or “no contrary medical evidence.””

   5 later decisions quote this exact passage · from the majority
   e.g. McCaskill v. Department of Health & Human Services · Anthony Theriot v. Carolyn Colvin, Acting Cmsnr

3. “Once the Commissioner makes this showing, the burden shifts back to the claimant to rebut this finding.” Id. (quoting Newton v. Apfel, 209 F.3d 448, 453 (5th Cir. 2000)). 4 .”

   1 later decision quote this exact passage · from the majority
   e.g. Harper v. Barnhart