House v. Astrue’s Empirical Analysis
500 F.3d 741 · 2007
Citation profile
6 federal appellate · 5 district ·
Relationships
Applies 42 U.S.C. § 401 (§ 201 of the Social Security Act of 1935)
Relies on Goff v. Barnhart · Guilliams v. Barnhart · Wagner v. Astrue · Krogmeier v. Barnhart · Bentley v. Shalala
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the second step of the Sequential Evaluation Process, the undersigned must determine whether the claimant has a medically determinable impairment, or a combination of impairments, which is “severe.” “Severity” is not equivalent to a finding of “disability” under the Act. 20 C.F.R. § 404.1520 . An “impairment” is defined as anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. 20 C.F.R. § 404.1508 . A claimant’s symptoms, such as pain, fatigue, shortness of breath, weakness, or nervousness, or any other alleged problems, are not alone sufficient to establish such an impairment unless medical signs or laboratory findings show that a medically determinable impairment is present and that it could be reasonably expected to produce the symptoms alleged. 20 C.F.R. § 404.1529 (b). To meet the burden of proof at this step, all the claimant needs is a “de minimis” showing of medical severity. An impairment is considered “not severe” if it is only a slight abnormality, having such minimal effect on the claimant so that it would not be expected to interfere with the ability to work irrespective of age, education, or work experience. A “severe” impairment is one that significantly limits the claimant’s physical or mental ability to perform basic work activities. See 20 C.F.R. §§ 404.1521 and 404.1529. See also Social Security Rulings 85-28; 96-3p and 96-4p.”
1 later decision quote this exact passage“invades the province of the Commissioner to make the ultimate disability determination.”
1 later decision quote this exact passage
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.