Lowther v. Montgomery County’s Empirical Analysis
561 F.2d 1120 · 1977
Citation profile
13
cited by 13 later decisions
March 1989
most recently cited
5 federal appellate · 2 district ·
Relationships
Relies on Mathews v. Eldridge · Califano v. Sanders · Weinberger v. Salfi
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that there has been, at least, an informal ruling by the Commissioner [of Social Security], but that does not avoid the jurisdictional problem because § 405(g) authorizes judicial review only when sought by an ‘individual’ after a final decision by the Secretary made after a hearing to which the individual was a party. Montgomery County, one of the plaintiffs, is not such an individual, and Lowther, the only individual plaintiff, filed no claim and has not been a party to any hearing. Nor is his position enhanced by representation of the Police Association, for the Association is not an individual entitled to review.”
1 later decision quote this exact passage““ Salfi, supra, and Eldridge, supra, make it clear that only individuals who themselves have presented their claims to the Secretary are entitled to judicial review under section 405(g).””
1 later decision quote this exact passagee.g. McDaniels v. Heckler
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.