Herweg v. Ray’s Empirical Analysis
1982
Citation profile
101 federal appellate · 21 district · 28 state decisions
How this case has been cited
Cited by 274 later decisions (4 by the Supreme Court) — most recently January 2019 · most notably Heckler v. Campbell (1983), McCoy v. Schweiker (1982)
101 federal appellate · 21 district · 28 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.
Appellate journey
reviewedHerweg v. Ray (from Eighth Circuit Court of Appeals)
Relationships
Applies 42 U.S.C. § 1381 (§ 1601 of the Social Security Act of 1935) · 42 U.S.C. § 1382 (§ 1611 of the Social Security Act of 1935) · 42 U.S.C. § 1396 (§ 1900 of the Social Security Act of 1935) · 42 U.S.C. § 1396A (§ 1902 of the Social Security Act of 1935)
Relies on Batterton v. Francis · Schweiker v. Gray Panthers · Beltran v. Myers · Brown v. Stanton
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 274 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“as determined in accordance with standards prescribed by the Secretary,”
5 later decisions quote this exact passage“'entitled to more than mere deference or weight.' " Schweiker v. Gray Panthers, 453 U.S. 34 , 44, 101 S.Ct. 2633, 2640, 69 L.Ed.2d 460 (1981) (quoting Batterton v. Francis, 432 U.S. 416 , 426, 97 S.Ct. 2399, 2406, 53 L.Ed.2d 448 (1977)); Herweg v. Ray, 455 U.S. 265 , 274, 102 S.Ct. 1059, 1066, 71 L.Ed.2d 137 (1982). "Because Congress has entrusted the primary responsibility of interpreting a statutory term to the Secretary rather than to the courts, his definition is entitled to 'legislative effect' " Herweg, 455 U.S. at 275, 102 S.Ct. at 1066; Gray Panthers, 453 U.S. at 44, 101 S.Ct. at 2640; Batterton, 432 U.S. at 425, 97 S.Ct. at 2405. Our standard for reviewing the Secretary's interpretation of Section 1396a(a)(17), therefore, is limited to "determining whether the Secretary has exceeded his statutory authority”
3 later decisions quote this exact passage · from the majority““Deeming,” in the parlance of the Social Security laws and regulations, means that a State determines eligibility by assuming that a portion of the spouse’s income is “available” to the applicant. Because an individual’s eligibility for Medicaid benefits depends in part on the financial resources that are “available” to him, “deeming ... has the effect of reducing both the number of eligible individuals and the amount of assistance paid to those who qualify.””
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.