Bowie v. Commissioner’s Empirical Analysis
539 F.3d 395 · 2008
Citation profile
3 federal appellate · 2 district ·
How this case has been cited
Cited by 21 later decisions — most recently February 2020
3 federal appellate · 2 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
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on National Railroad Passenger Corporation v. Boston & Maine Corp. · Wilson v. Commissioner of Social Security · Howard v. Commissioner of Social Security · Heston v. Commissioner of Social Security · Kane v. Heckler
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“How we apply the age categories. When we make a finding about your ability to do other work under § 404.1520(f)(1), we will use the age categories in paragraphs (c) through (e) of this section. We will use each of the age categories that applies to you during the period for which we must determine if you are disabled. We will not apply the age categories mechanically in a borderline situation. If you are within a few days to a few months of reaching an older age category, and using the older age category would result in a determination or decision that you are disabled, we will consider whether to use the older age category after evaluating the overall impact of all the factors of your case.”
3 later decisions quote this exact passage · from the majority“does not impose on ALJs a per se procedural requirement to address borderline age categorization in every borderline case,”
2 later decisions quote this exact passage · from the majority“I believe that the majority opinion mistakenly concludes that the guidelines set forth in the Hearings, Appeals and Litigation Law Manual of the Social Security Administration (“HALLEX”) negate the extensive precedent requiring ALJs to discuss whether a potential borderline case falls within that category. Instead, I believe that we should follow the lead of the Tenth Circuit decision in Daniels v. Apfel, 154 F.3d 1129 (10th Cir.1998), and hold that in potential borderline cases, ALJs must provide some record of their thought process regarding the requirements of § 404.1563(b). See also Russell v. Comm'r of Soc. Sec., 20 F.Supp.2d 1133, 1135, 1136 (W.D.Mich.1998) (holding that “when a borderline situation is presented a factual determination must be made as to the appropriate age category ... [and that] the ALJ’s failure to explain his choice of age category in a borderline situation ... impedes judicial review”); Pickard v. Comm’r of Soc. Sec., 224 F.Supp.2d 1161, 1169 (W.D.Tenn.2002) (adopting the Tenth Circuit’s rationale in Daniels and recommending that the case be remanded because “[t]he ALJ’s failure to address the borderline issue and to explain his choice of age category ... impede this court’s ability to review his application of § 404.1563(a)”); ... Additional support for the holding of Daniels rests with 20 C.F.R. § 404.953 , which requires that “[t]he administrative law judge shall issue a written decision that gives the findings of fact and the reasons for the de”
1 later decision quote this exact passage · from the dissent
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.