Brinker v. Weinberger’s Empirical Analysis
522 F.2d 13 · 1975
Citation profile
32 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 171 later decisions — most recently September 2018 · most notably Wilcutts v. Apfel (1998), Jerold H. Nevland v. Kenneth S. Apfel, Commissioner of Social Security (2000)
32 federal appellate · 4 district · 1 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) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Richardson v. Perales · Consolidated Edison Co of New York v. National Labor Relations Board · Kerner v. Flemming · Celebrezze v. Bolas
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 171 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An individual under the age of 18 shall be considered disabled for the purposes of this subchapter if that individual has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and 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. 42 U.S.C. § 1382e(a)(3)(C)(i).”
5 later decisions quote this exact passage · from the majority“* * * inability to engage in any substantial gainful activity by reason of any 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 * * *. [A]n individual * * * shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy * * *.”
1 later decision quote this exact passage · from the majority“Although application of the doctrine of res judicata to administrative decisions serves a useful purpose in preventing relitigation, it is not applied with the same rigidity as its judicial counterpart. Moreover, * * * “practical reasons may exist for refusing to apply it.””
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.