Vasquez v. Astrue’s Empirical Analysis
572 F.3d 586 · 2008
Citation profile
15 federal appellate · 37 district ·
How this case has been cited
Cited by 111 later decisions — most recently November 2020 · most notably Molina v. Astrue (2012), Garrison v. Colvin (2014)
15 federal appellate · 37 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. § 1381 (§ 1601 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Immigration & Naturalization Service v. Ventura · Bowen v. Yuckert · Heckler v. Campbell · Magallanes v. Bowen · Andrews v. Shalala
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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the record has been fully developed and further administrative proceedings would serve no useful purpose; (2) the ALJ has failed to provide legally sufficient reasons for rejecting evidence, whether claimant testimony or medical opinion; and (3) if the improperly discredited evidence were credited as true, the ALJ would be required to find the claimant disabled on remand.”
5 later decisions quote this exact passage · from the concurrence“Since Varney II, a split in authority has developed over whether [credit-as-true] is mandatory or discretionary in this Circuit. Compare, e.g., Lester v. Chater, 81 F.3d 821, 834 (9th Cir.1995) (holding that when an ALJ improperly rejects a claimant’s testimony regarding his limitations, and the claimant would be disabled if his testimony were credited, the testimony must be credited as a matter of law); with Connett v. Barnhart, 340 F.3d 871, 876 (9th Cir.2003) (discussing the Circuit’s conflicting case law and holding that the doctrine is not mandatory because the court has “some flexibility in applying the crediting as true theory” (internal quotation marks omitted)). It is not necessary for us to resolve the conflict at this time, however, because, unlike Varney II or Lester , here there are outstanding issues that must be resolved before a proper disability determination can be made. [Footnote omitted] See Varney II [v. Secretary of Health and Human Services] at 859 F.2d [1396] 1401 [(9th Cir.1988)] (declining to address whether the credit-as-true rule should be adopted in cases where a remand for further proceedings is required before a disability determination can be made); Lester, 81 F.3d at 834 (holding that the credit-as-true rule is mandatory, but only where the claimant would be disabled if his testimony were credited).”
1 later decision quote this exact passage · from the majority“First, the ALJ must determine whether the claimant has presented objective medical evidence of an underlying impairment 'which could reasonably be expected to produce the pain or other symptoms alleged.' " Lingenfelter v. Astrue , 504 F.3d 1028 , 1036 (9th Cir. 2007) (quoting Bunnell v. Sullivan , 947 F.2d 341 , 344 (9th Cir. 1991) (en banc) ). When doing so, "the claimant need not show that her impairment could reasonably be expected to cause the severity of the symptom she has alleged; she need only show that it could reasonably have caused some degree of the symptom.”
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.