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← 609 F.2d 908 - Wroblewski v. Califano

Wroblewski v. Califano’s Empirical Analysis

609 F.2d 908 · 1979

Citation profile

32
cited by 32 later decisions
January 1991
most recently cited

17 federal appellate · 3 district ·

How this case has been cited

Cited by 32 later decisions — most recently January 1991 · most notably Brown v. Bowen (1986), Western v. Harris (1981)

17 federal appellate · 3 district ·

290197919801990decided

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) · 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)

Relies on Richardson v. Perales · Celebrezze v. Bolas · Brinker v. Weinberger · Emil C. Timmerman v. Caspar Weinberger, Secretary of H.E.W., Kenneth Marks v. Caspar Weinberger, Secretary of H.E.W. · Stephens v. Secretary of Health, Education & Welfare

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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “This court has stated a three-fold requirement for the determination of disability under 42 U.S.C. § 423 (1976): (1) a medically determined physical or mental impairment which has or will last at least twelve months; (2) inability to engage in any substantial gainful activity; and (3) the inability must be by reason of the impairment. Stephens v. Secretary of HEW, supra, at 41; Johnson v. Califano, 572 F.2d 186 , 187 (8th Cir. 1978); Dressel v. Califano, 558 F.2d 504 , 506-07 (8th Cir. 1977); Timmerman v. Weinberger, 510 F.2d 439 , 442 (8th Cir. 1975). The claimant has the burden of establishing the existence of her disability, but that burden shifts to the Secretary upon a showing by claimant of an inability to perform her past occupation due to a medically determinable ailment. Stephens, supra at 41; Lewis v. Califano, 574 F.2d 452 , 455 (8th Cir. 1978); Timmerman, supra at 443 . Once such a showing has been made the Secretary must then demonstrate that the claimant can perform some other type of substantial gainful employment. Boyer v. Califano, 598 F.2d 1117 , 1118 (8th Cir. 1979); Brinker v. Weinberger, 522 F.2d 13 , 17 (8th Cir. 1975); Celebrezze v. Bolas, supra, 316 F.2d at 507 . [Footnotes omitted.]”
    1 later decision quote this exact passage
  2. “For the reviewing court, substantial evidence is “more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion”. Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420 , 28 L.Ed.2d 842 (1971); Stephens v. Secretary of HEW, 603 F.2d 36 at 41 (8th Cir., July 16, 1979). See also Celebreeze v. Bolas, 316 F.2d 498, 501 (8th Cir. 1963).”
    1 later decision quote this exact passage
  3. “[o]nly when all claimed impairments are considered by the vocational expert within the scope of a propounded hypothetical question can he or she make a proper analysis as to the claimant’s ability to engage in ’ significant gainful activity.”
    1 later decision quote this exact passage

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.