Sullivan v. Weinberger’s Empirical Analysis

Citation profile

23 federal appellate · 2 district ·

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

1. “The language of the Act indicates Congress’ desire to require claimants seeking widow’s disability benefits to demonstrate a more severe level of impairment than that required in 42 U.S.C. § 423 (d)(1)(A) & (2)(A) for worker’s disability benefits. The standard for widows is that the impairment must be sufficiently severe to preclude her from engaging in ‘any gainful activity,’ not merely any ‘substantial gainful activity.’ ‘Disability,’ for the purposes of widow’s disability benefits, is determined strictly by medical evidence alone. Nonmedical factors, such as age, education and work experience, all of which must be considered by the Secretary in worker’s disability claims, see 42 U.S.C. § 423 (d)(2)(A), must be excluded from consideration in widow’s disability claims. [Footnote and citations omitted.]”

   3 later decisions quote this exact passage · from the majority
   e.g. Thedorf v. Califano · 650 F. Supp. 635 - Georgevitch v. Bowen

2. “Whereas factors such as age, education, and work experience must be considered in deciding claims by disabled workers under the Act, 42 U.S.C. § 423 (d)(2)(A), nonmedical factors are not to be considered in disabled widows’ claims. In addition, although a disabled worker may recover when conditions prevent him from “engaging in any substantial gainful activity”, id. (emphasis supplied), a claimant, seeking disabled widows’ benefits does not profit from the modifier “substantial”; she may recover only if her impairments are of a level of severity deemed to preclude her from “engaging in any gainful activity”, 42 U.S.C. § 423 (d)(2)(B) (emphasis supplied)”

   3 later decisions quote this exact passage · from the majority
   e.g. Grimes v. Secretary of Health, Education & Welfare · 650 F. Supp. 635 - Georgevitch v. Bowen

3. “* * * * * * 12.04 Functional nonpsychotic disorders (psychophysiologic, psychoneurotic and personality disorders, drug addiction and alcoholism). Manifested by marked restriction of daily activities and constriction of interests and deterioration in personal habits and seriously impaired ability to relate to other people and persistence of one of the following: A. Demonstrable structural changes mediated through psychophysiological or channels (e. g., duodenal ulcer); or B. Recurrent and persistent periods of anxiety, with tension, apprehension, and interference with concentration and memory; or C. Persistent depressive affect with insomnia, loss of weight, and suicidal ideation; or D. Phobic or obsessive ruminations with inappropriate, bizarre, or disruptive behavior; or E. Compulsive, ritualistic behavior; or F. Persistent functional disturbance of vision, speech, hearing, or use of a limb with demonstrable structural or trophic changes; or G. Long-lasting, habitual, or inappropriate patterns of behavior manifested by one of the following: 1. Seclusiveness and autistic thinking; or 2. Antisocial or amoral behavior (including pathologic sexuality) manifested by: (a) inability to learn from experience and inability to conform with accepted social standards, leading to repeated conflicts with society or authority . and (b) by psychopathology documented by mental status examination and the results of appropriate, standardized psychological tests; or 3. Pathologically inappropri”

   1 later decision quote this exact passage · from the majority
   e.g. Morton v. Califano