Lund v. Weinberger’s Empirical Analysis
520 F.2d 782 · 1975
Citation profile
22 federal appellate · 12 district ·
How this case has been cited
Cited by 55 later decisions — most recently April 2015 · most notably Smith v. Califano (1981), Dobrowolsky v. Califano (1979)
22 federal appellate · 12 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
Relies on Richardson v. Perales · Celebrezze v. Bolas · Landess v. Weinberger · Stark v. Weinberger · Emil C. Timmerman v. Caspar Weinberger, Secretary of H.E.W., Kenneth Marks v. Caspar Weinberger, Secretary of H.E.W.
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n administrative law judge may not draw upon his own inferences from medical reports.”
3 later decisions quote this exact passage · from the majority“(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”
2 later decisions quote this exact passage · from the majority“The statutory definition of disability imposes the three-fold requirement (a) that there be a “medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration”; (b) that there be an “inability to engage in any substantial gainful activity”; and (c) that the inability be “by reason of” the impairment.”
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.