63 F. Supp. 2d 1028 - Dierks v. Apfel’s Empirical Analysis

Citation profile

1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Johnson v. Sullivan, 929 F.2d 596 (11th Cir.1991) (affirming termination of benefits pursuant to 20 C.F.R. § 404.1575 (a)(2) because claimant found to be engaging in substantial gainful activity as licensed surveyor from home; claimant’s experience, license, and mental contribution to business were substantial and enabled the business to continue, even" though he was relegated to' drawing maps and signing plats made by family members participating in the business; noting that income is less reliable as indicator of “substantial” nature of work when claimant is self-employed; claimant had income of $800 per month); Rollins v. Shalala, 19 F.Supp.2d 1100 (C.D.Cal.1994) (affirming denial of benefits for substantial gainful activity when self-employed dentist working two days per week grossed $4,000 per month, indicating significant value of dentist’s services, but consistently operated at a loss due to expenses), aff'd, 77 F.3d 490 , 1996 WL 62687 (9th Cir.1996) (table); Strahan v. Shalala, 1994 WL 543029 (S.D.Tex.1994) (affirming Secretary’s decision that claimant was engaged in substantial gainful activity when he owned and operated a television transmitter, but operated' at loss, when claimant failed to present documentary evidence showing that his services were not worth at least $300 per month; ALJ properly found it was claimant’s intent to operate business for profit, even if television station was operating at a loss; “Work may be gainful even if no profit is realized if i”

   1 later decision quote this exact passage · from the majority
   e.g. 239 F. Supp. 2d 875 - Weiland v. Barnhart

2. “Although the evidence shows that [the claimant] had relatively little net income during 1994 and 1995 after subtracting various self-employment expenses, it is clear that: (1) [the claimant’s] work as a registered professional engineering consultant for the City of Chadron and other private clients, and as the owner of a manufacturing company, required significant mental activities, even though he engaged in such activities on a part-time basis; (2) such work was done for pay or profit, whether or not a profit was actually realized; (3) [the claimant’s] experience, skills, responsibilities, and registration as a professional engineer contributed substantially to the operation of his consulting and manufacturing businesses since he was the sole participant in these businesses; and (4) although [the claimant] received little net income in 1994 and 1995, [the claimant’s] work activity was worth $500 per month “when considered in terms of its value to the business,” 20 C.F.R. § 404.1575 (a)(2) (emphasis added), especially when considering that (a) the City of Chadron and other private clients were willing to pay [the claimant] $40.00 per hour for his engineering services (an indication of the value of [the claimant’s] professional services to his business), and (b) [the claimant’s] net income in the first two years of his new businesses is not an accurate representation of the value of his services to his businesses]. 20 C.F.R. §§ 404.1572 , 404.1573, 404.1575.”

   1 later decision quote this exact passage · from the majority
   e.g. 239 F. Supp. 2d 875 - Weiland v. Barnhart