Hurd v. Astrue’s Empirical Analysis
621 F.3d 734 · 2010
Citation profile
4 federal appellate ·
Relationships
Applies 42 U.S.C. § 1381 (§ 1601 of the Social Security Act of 1935) · 42 U.S.C. § 1382C (§ 1614 of the Social Security Act of 1935)
Relies on McKinney v. Apfel · Baldwin v. Barnhart · Victoria A. Howard v. Larry Massanari, Acting Commissioner, Social Security Administration, 1 · Kluesner v. Astrue · Maresh v. Barnhart
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Before moving to step four, the ALJ must determine a claimant's residual functional capacity[.]”
2 later decisions quote this exact passage · from the majority“report offered the opinion that [the claimant] was disabled, but his treatment notes do not reflect that he ever talked to [the claimant] about his ability to work. His opinion differed from that of the other examining physicians and of a state agency psychologist, yet [the psychiatrist] did not provide the medical findings that supported his assessment in spite of a specific request that he do so. The ALJ noted that [the psychiatrist] prepared his statement at the request of [the claimant’s] attorney rather than in the course of treatment. Cumulatively, these reasons explain why the ALJ gave little weight to [the psychiatrist’s] opinions. He was justified in doing so because [the psychiatrist] offered little more than a conclusory statement that was unsupported by medical evidence. See Hamilton v. Astrue, 518 F.3d 607 , 610 (8th Cir.2008).”
1 later decision quote this exact passage · from the majoritye.g. Martise v. Astrue“[i]n the absence of additional evidence and contrary to what [the claimant] now argues, there was nothing more he could have offered concerning the weight that the ALJ should have afforded [the psychiatrist’s] opinion. Yet, [the claimant] asserts that, had he known what the ALJ was asking [the psychiatrist], [the claimant] “could have ensured that the ALJ received the information that the ALJ deemed important.” This comment is no more than speculation, as no evidence exists to suggest how [the psychiatrist] would have responded. We conclude that [the claimant’s] due process rights were not violated.”
1 later decision quote this exact passage · from the majoritye.g. Martise v. Astrue
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.