Davis v. Califano’s Empirical Analysis

Citation profile

30 federal appellate · 2 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A plain and fair reading of Section 416(h)(1)(B) leaves no room for question, doubt or ambiguity. Congress decided that there can be no deemed spouse receiving widow’s benefits if the legal widow is entitled to the benefits. 42 U.S.C. § 416 (h)(1)(B); see Woodson v. Califano, 455 F.Supp. 457 (S.D.Tex.1978); McGuire v. Califano, 440 F.Supp. 1031 (D.Neb.1977). In the present case we have already affirmed the Secretary’s determination that Novella Davis is Henry’s legal widow. Mary, therefore, is precluded from receiving benefits. “The Congress, recognizing that persons may have entitlement to multiple benefits, enacted Section 402(k)(3)(A) to establish a maximum level of benefits. See footnote 8. There is no authority that persuades us that Congress intended to suspend the operation of the statute for a new category, the deemed spouse. We are convinced that there can be no deemed spouse receiving benefits if the legal widow is entitled to the payment, 42 U.S.C. § [416(h)(1)(B)], as we cannot close our eyes to clear congressional intendment. The Congress declined to command the Social Security Administration to pay widow’s insurance benefits to two widows, and so must we. In some ways this is a disturbing and inequitable result. We understand the desire of the district court to work out a division of the payments. It may not have been a bad solution, but we do not believe it to be good law.””

   2 later decisions quote this exact passage · from the majority
   e.g. Dwyer v. Califano · Scott v. Bowen

2. ““(B) In any case where ... an applicant is not ... the wife, widow, husband, or widower of a fully or currently insured individual, .. . but it is established to the satisfaction of the Secretary that such applicant in good faith went through a marriage ceremony with such individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage, and such applicant and the insured individual were living in the same household at the time of the death of such insured individual . . ., such purported marriage shall be deemed to be a valid marriage. The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit ... and such other person is ... a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant files the application.... The entitlement to a monthly benefit ... of a person who would not be deemed to be a wife, widow, husband, or widower of such insured individual but for this subparagraph, shall end with the month before the month . .. the Secretary certifies ... that another person is entitled to a benefit ... if such other person is ... the wife, widow, husband, or widower of such insured individual. ...””

   1 later decision quote this exact passage · from the majority
   e.g. Dwyer v. Califano

3. “We stated earlier that the explicit language of Section 416(h)(1)(B) provides that the deemed spouse provision does not operate if a legal widow under Section 416(h)(1)(A) ‘is or has been entitled to a benefit.’ 42 U.S.C. § 416 (h)(1)(B). The legislative history surrounding the amendment, although sparse, is instructive in resolving the conflict between the entitlement of a deemed spouse upon the entitlement of a legal spouse. The House Ways and Means Committee reported unequivocally: ‘An applicant who went through a marriage ceremony with an insured individual will not be deemed to be the . . . widow ... of that insured individual if another person is or has been entitled to ... widow’s . . . benefits based on the insured individual’s earnings and the other person has the status of .. . widow ... of the insured individual at the time the application for benefits is filed.’ H.Rep.No. 1799, 86th Cong., 2d Sess., reprinted in [1960] U.S.Code Cong. & Admin.News pp. 3608, 3684.”

   1 later decision quote this exact passage · from the majority
   e.g. Martin v. Harris