Leviner v. Richardson’s Empirical Analysis
443 F.2d 1338 · 1971
Citation profile
33 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 62 later decisions — most recently September 2003 · most notably Brinker v. Weinberger (1975), McGowen v. Harris (1981)
33 federal appellate · 5 district · 1 state decisions
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 Cappadora v. Celebrezze · Domozik v. Cohen · Grose v. Cohen · Easley v. Finch · Anthony Saperito v. Iowa
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Res Judicata. Where there has been a previous determination or decision by the Secretary with respect to the rights of the same party on the same facts pertinent to the same issue or issues which has .become final either by judicial affirmance or, without judicial consideration, upon the claimant’s failure timely to request reconsideration, hearing, or review, or to commence a civil action with respect to such determination or decision (see §§ 404.911, 404.918, 404.946, and 404.951)”. “404.957 — Reopening initial or reconsidered determinations of the Administration, and decisions of a hearing examiner or the Appeals Council; finality of determinations and decisions : — An initial or reconsidered determination of the Administration or a decision of a hearing examiner or of the Appeals Council which is otherwise final under § 404.908, § 404.916, § 404.940, or § 404.951 may be reopened: (a) Within 12 months from the date of the notice of the initial determination (see § 404.907), to the party to such determination, or (b) After such 12-month period, but within 4 years after the date of the notice of the initial determination (see § 404.907) to the party to such determination, upon a finding of good cause for reopening such determination or decision, or (c) ” “404.958 — Good cause for reopening a determination or decision — “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 cler”
3 later decisions quote this exact passage · from the majority“(a) Within 12 months from the date of the initial determination * * (b) After such 12-month period, but within 4 years after the date of the notice of the initial determination * * * upon a finding of good cause for reopening such determination * ■>:■ fl- or (c) At any time when * * * (8) Such initial [revised], or reconsidered determination * * * is unfavorable, in whole or in part, to the party thereto but only for the purpose of correcting clerical error or error on the face of the evidence on which such determination is based.” 20 C.F.R. § 404.957 .”
3 later decisions quote this exact passage · from the majority“also serves to identify decisions that should not be interposed to deny subsequent applications. A decision that is subject to being reopened provides an inappropriate bar.”
3 later decisions 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.