Eisman v. Mathews’s Empirical Analysis
1977
Citation profile
4 federal appellate · 1 district ·
Relationships
Applies 42 U.S.C. § 1395D (§ 1812 of the Social Security Act of 1935) · 42 U.S.C. § 1395X (§ 1861 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Hopkins v. Cohen · Rowe v. Finch · Brown v. Richardson · 363 F. Supp. 1382 - Fineberg v. Secretary of Health, Education & Welfare
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[n]o persuasive reason has been advanced by the Secretary, and certainly none appears in the legislative history, why Congress would treat more niggardly a person, who had been required to stay in a nursing home at great personal expense for custodial care due to the inability of persons at home to care for him, than a more fortunate person in exactly the same physical condition who was able to leave the nursing home to receive custodial care within the bosom of the family.”
2 later decisions quote this exact passage · from the majority“(1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and (2) ending with the close of the first period of 60 consecutive days thereafter on each of which he is neither an inpatient of a hospital nor an inpatient of a skilled nursing facility.”
2 later decisions quote this exact passage · from the majority““There is no evidence that the type of factual situation presented here was expressly considered by Congress when it arrived at its definition of the termination of a ‘spell of illness.’ Yet all of the reported cases dealing with the issue of when a ‘spell of illness’ ends have arisen in factual circumstances similar to those here where the patient remained in a nursing home after Medicare coverage and skilled nursing care terminated because no family members were able and/or willing to care for that patient and the nursing home care consequently was merely custodial. [Citations].””
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.