Liskowitz v. Astrue’s Empirical Analysis

Citation profile

14 federal appellate · 2 district · 1 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Smith met the insured status requirements of the SSA through December 31, 2013 (R. 16). 2. Smith has not engaged in substantial gainful activity since the alleged onset date of December 23, 2008 (id.). 3. Smith has had “severe impairments” since the alleged onset date, including pancreatitis, alcoholic hepatitis, depression and alcohol abuse that was in recent remission (id.). 4. Since December 23, 2008 Smith has not had an impairment or combination of impairments that meets the listed impairments (id.). 5. Since December 23, 2008 Smith has had the RFC to perform medium work as defined in Reg. §§ 404.1567(c) and 416.967(c) (R. 18). 6. Smith has moderate limitations in concentration and persistence (id.). 7. Smith’s limitations require that she receive reminders from supervisors regarding her tasks twice per workday (id.). 8. Smith’s limitations require that she is allowed one five-minute break per hour during the workday (id.). 9. Smith is limited to performing work that involves one or two-step tasks (id.). 10. Since December 23, 2008 Smith has been unable to perform any past relevant work (R. 25). 11. Considering Smith’s age, education, work experience and RFC, there are jobs that exist in significant numbers in the national economy that she can perform (id.). 12. Smith was not disabled at any time from December 23, 2008 through the date of the decision (R. 27).”

   1 later decision quote this exact passage · from the majority
   e.g. 931 F. Supp. 2d 890 - Smith v. Colvin

2. “An 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, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), "work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.”

   1 later decision quote this exact passage · from the majority
   e.g. Beltran v. Astrue

3. “[t]he witness was testifying as a vocational expert, not as a census taker or statistician. Indeed, even if the [voca tional expert] had happened to know something about the statistical basis for her testimony, she arguably still would not be in a position to fully vindicate her conclusions. After all, statisticians use arithmetic operations, but few probably have studied the foundation of arithmetic in set theory. Is the statistician’s use of arithmetic therefore unjustified? Clearly not.”

   1 later decision quote this exact passage · from the majority
   e.g. 546 F. App'x 137 - Jeffery Guiton v. Carolyn Colvin