Taylor v. Heckler’s Empirical Analysis
1985
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 20 later decisions — most recently December 2011
4 federal appellate · 1 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 28 U.S.C. § 2412 · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 406 (§ 206 of the Social Security Act of 1935)
Relies on Mullane v. Central Hanover Bank & Trust Co. · Johnson v. Georgia Highway Express, Inc. · Testa v. United States · Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency · Dougherty v. Lehman
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ T]he interests of the attorney and his or her client are inherently in conflict in Social Security cases. Of course, such conflict peaks at the point at which the attorney requests a fee to be deducted, dollar-for-dollar, from the award of back benefits to which the claimant is entitled. Moreover, having entered into a contingent fee arrangement for services culminating in a result in his or her favor, a claimant is unlikely to challenge the attorney’s fee requested, as long as it is in accord with such agreement.”
2 later decisions quote this exact passage · from the majority“First, to diminish a claimant’s past-due benefits by up to twenty-five per cent where the amount so lost could or should have been paid by the government directly affects the “result attained.” Second, the failure to make an EAJA application where one was appropriate directly calls into question the “ability of the attorney.” And third, the attorney’s willingness to create a situation of conflict with his or her client sheds light on “the nature ... of the professional relationship with the client,” revealing such nature to be less than it ought to be.”
1 later decision quote this exact passage · from the concurrencee.g. Losco v. Bowen“The court believes that more frequent invocation of the EAJA will have an additional salutary effect: it will ameliorate the conflict of interest between attorney and client. If fees come from the government and are based upon the number of hours actually worked rather than upon some statutorily-mandated-contingency percentage, counsel will be much more likely to seek the expeditious processing of their clients’ claims, rather than to be tempted to allow the amount upon which their fee is based to multiply merely by the passage of time.”
1 later decision quote this exact passage · from the concurrence
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.