Leonard H. Garrett v. Elliot L. Richardson, Secretary of Health, Education and Welfare’s Empirical Analysis
471 F.2d 598 · 1972
Citation profile
43 federal appellate · 15 district ·
How this case has been cited
Cited by 109 later decisions — most recently February 1992 · most notably McCoy v. Schweiker (1982), Smith v. Califano (1981)
43 federal appellate · 15 district ·
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
Applies 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Celebrezze v. Bolas · Massey v. Celebrezze · Marion v. Gardner · Brasher v. Celebrezze
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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(a) the claimant has the burden of establishing his claim; (b) the Act is remedial and is to be construed liberally; (c) the Secretary's findings and the reasonable inferences drawn from them are conclusive if they are supported by substantial evidence; (d) substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; (e) it must be based on the record as a whole; (f) the determination of the presence of substantial evidence is to be made on a case-to-case basis; (g) where the evidence is conflicting it is for the Appeals Council on behalf of the Secretary to resolve those conflicts; (h) the statutory definition of disability imposes a three-fold requirement (1) that there be a 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], (2) that there be an inability to engage in any substantial gainful activity, and (3) that the inability be by reason of the impairment; (i) such substantial gainful activity is that which is both substantial and gainful and within the claimant's capability, realistically judged by his education, training and experience; (j) the emphasis is on the particular claimant's capabilities and on what is reasonably possible, not on what is conceivable; and (k) it is not the duty or the burden of the Secretary to find a specific employer and job for the claimant b”
7 later decisions quote this exact passage · from the majority““It used to be easy enough for an appellate court to affirm an administrative agency on the ground that the findings were supported ‘by substan tial evidence,’ if it could find just a trace of evidence to support them. But that is not the case anymore. Congress grew critical of such affirmances which ignored conflicting evidence and, in turn, brought about harsh criticism of the courts for such decisions on the ground that cases were affirmed merely because the appellate court could find evidence in the record which, viewed in isolation, substantiated a Board’s findings.” Floyd v. Finch, 441 F.2d 73, 76 (6th Cir. 1971).”
5 later decisions quote this exact passage · from the majority“(t)he burden of producing (a vocational expert) must rest with the hearing examiner and in the absence of substantial evidence from other sources bearing directly on the issues of 'substantial gainful activity,' the testimony of a vocational counselor is essential for the affirmance of an (ALJ's) findings.”
5 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.