Whipp v. Weinberger’s Empirical Analysis
505 F.2d 800 · 1974
Citation profile
16 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 39 later decisions — most recently September 2001 · most notably City of New York v. Heckler (1984), 615 F. Supp. 1315 - Stieberger v. Heckler (1985)
16 federal appellate · 4 district · 4 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
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935)
Relies on Bomer v. Ribicoff · Davis v. Soja · Johnson v. Railway Express Agency, Inc. · Johnson v. Flemming
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“42 U.S.C. § 405 (g) provides: Any individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Secretary may allow.... The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a hearing, (emphasis added).”
4 later decisions quote this exact passage · from the majority“"It is recognized that strict application of the time limit works a hardship on the unfortunate applicant who misses the deadline by one day. In other contexts a delay in filing might be tolerated. For example, [Rule 44.01(e)] adds three additional days to the length of a prescribed period if notice is served by mail. However, this provision has no application where, as in the present case, an extension of a time limit in effect would extend the jurisdiction of the court. [Rule 51.01] makes it clear that the rules of procedure cannot be construed to reach such a result."”
1 later decision quote this exact passage · from the majority““The right of action here sought to be enforced is one created by statute and is limited by the provisions thereof as to the time within which the right must be asserted. Such conditions operate as a condition of liability rather than as a period of limitation and there can be no recovery unless the condition precedent is fulfilled.” Bomer cited at 505 F.2d at 801 .”
1 later decision 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.