Mattern v. Weinberger’s Empirical Analysis

Citation profile

22 federal appellate · 16 district · 2 state decisions

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

1. “[t]he district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.”

   6 later decisions quote this exact passage · from the concurrence
   e.g. Miller v. United States · Committee for Full Employment v. Hills

2. ““ ‘Against equity and good conscience’ means that adjustment or recovery of an incorrect payment (under title II or title XVIII [ 42 U.S.C.A. § 401 et seq. or § 1395 et seq.]) will be considered inequitable if an individual, because of a notice that such payment would be made or by reason of the incorrect payment, relinquished a valuable right (examples (1), (2) and (5) or changed his position for the worse (examples (3) and (4)). In reaching such a determination, the individual’s financial circumstances are irrelevant.””

   2 later decisions quote this exact passage · from the concurrence
   e.g. Mattern v. Mathews · Califano v. Yamasaki

3. ““(a) General. ‘Defeat the purpose of title II [ 42 U.S.C.A. § 401 et seq.],’ for purposes of this subpart, means defeat the purpose of benefits under this title, i. e., to deprive a person of income required for ordinary and necessary living expenses. This depends upon whether the person has an income or financial resources sufficient for more than ordinary and necessary needs, or is dependent upon all of his current benefits for such needs. An individual’s ordinary and necessary expenses include: “(1) Fixed living expenses, such as food and clothing, rent, mortgage payments, utilities, maintenance, insurance (e. g., life, accident, and health insurance including premiums for supplementary medical insurance benefits under title XVIII [ 42 U.S.C.A. § 1395 et seq.]), taxes, installment payments, etc.; “(2) Medical, hospitalization, and other similar expenses; “(3) Expenses for the support of others for whom the individual is legally responsible; and “(4) Other miscellaneous expenses which may reasonably be considered as part of the individual’s standard of living. “(b) When adjustment or recovery will defeat the purpose of title II [ 42 U.S.C.A. § 401 et seq.]. Adjustment or recovery will defeat the purposes of title II [ 42 U.S.C.A. § 401 et seq.] in (but is not limited to) situations where the person from whom recovery is sought needs substantially all of his current income (including social security monthly benefits) to meet current ordinary and necessary living expenses.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Mattern v. Mathews