Simila v. Astrue’s Empirical Analysis
573 F.3d 503 · 2009
Citation profile
14 federal appellate · 3 district ·
How this case has been cited
Cited by 112 later decisions — most recently July 2023 · most notably Winschel v. Commissioner of Social Security (2011), O'Connor-Spinner v. Astrue (2010)
14 federal appellate · 3 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 Clifford v. Apfel · Steele v. Barnhart · Craft v. Astrue · Skarbek v. Barnhart · Schmidt v. Astrue
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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1) is the plaintiff currently unemployed; 2) does the plaintiff have a severe impairment; 3) does the plaintiff have an impairment that meets or equals one of the impairments listed as disabling in the Commissioner’s regulations; 4) is the plaintiff unable to perform his past relevant work; and 5) is the plaintiff unable to perform any other work in the national economy?”
18 later decisions quote this exact passage · from the majoritye.g. Ray v. Colvin · Rogers v. Colvin“Multiple physicians throughout the course of his treatment noted that Simi-la was overusing his pain medication and that such overuse might actually be causing some of his symptoms (e.g., “superimposed narcotic-induced headache”). Even Simila admitted that he occasionally “overeats” his pain pills. In addition, Simila has a history of cocaine use, and in 2005, the Pain Clinic of Northwestern Wisconsin discharged Simila after a toxicology screening showed evidence of cocaine, This cut off his supply of Vicodin. But Simila had to have it. So he called the Midelfort Clinic for a refill and lied, telling them he couldn’t get a prescription from the Pain Clinic for “financial reasons.” Though Simila was successful in getting more pills, this .is hardly thp kind of conduct that helps one succeed on a disability claim.”
1 later decision quote this exact passage · from the majority“may be a sign of exaggeration of pain. See Simila v. Astrue, 573 F.3d 503, 508 (7th Cir.2009) (citing Muriel D. Lezak et al„ Neuropsychological Assessment 326 (4th ed. 2004) (”
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.