Dixon v. Shalala’s Empirical Analysis

Citation profile

11 federal appellate · 8 district ·

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

1. “The first step in the sequential process is a decision whether the claimant is engaged in ‘substantial gainful activity.’ If so, benefits are denied. If not, the second step is a decision whether the claimant’s medical condition or impairment is ‘severe.’ If not, benefits are denied. If the impairment is ‘severe,’ the third step is a decision whether the claimant’s impairments meet or equal the ‘Listing of Impairments’ set forth in subpart P, app. 1, of the social security regulations. These are impairments acknowledged by the [Commissioner] to be of sufficient severity to preclude gainful employment. If a claimant’s condition meets or equals the ‘listed’ impairments, he or she is conclusively presumed to be disabled and entitled to benefits. If the claimant’s impairments do not satisfy the ‘Listing of Impairments,’ the fourth step is assessment of the individual’s ‘residual functional capacity,’ i.e., his capacity to engage in basic work activities, and a decision whether the claimant’s residual functional capacity permits him to engage in his prior work. If the residual functional capacity is consistent with prior employment, benefits are denied. If not, the fifth and final step is a decision whether a claimant, in light of his residual functional capacity, age, education, and work experience, has the capacity to perform ‘alternative occupations available in the national economy.’”

   4 later decisions quote this exact passage
   e.g. Prince v. Berryhill · Brothers v. Colvin

2. “[1] First, the Secretary [now, Commissioner] considers whether the claimant is currently engaged in substantial gamful activity. [2] If he is not, the Secretary next considers whether the elaim-ant has a “severe impairment” which significantly limits his physical or mental ability to do basic work activities. [3] If the claimant suffers such an impairment, the third inquiry is whether, based solely on medical evidence, the claimant has an impairment which is listed in Appendix 1 of the regulations. If the claimant has such an impairment, the Secretary will consider him disabled without considering vocational factors such as age, education, and work experience; the Secretary presumes that a claimant who is afflicted with a “listed” impairment is unable to perform substantial gainful activity. [4] Assuming the claimant does not have a listed impairment, the fourth inquiry is whether, despite the claimant’s severe impairment, he has the residual functional capacity to perform his past work. [5] Finally, if the claimant is unable to perform his past work, the Secretary then determines whether there is other work which the claimant could perform.”

   4 later decisions quote this exact passage
   e.g. Pickering v. Chater · 993 F. Supp. 193 - Tejada v. Callahan

3. “the abilities and aptitudes necessary to do most jobs,”

   4 later decisions quote this exact passage
   e.g. Smith v. Comm'r of Soc. Sec. · Hastrich v. Comm'r of Soc. Sec.