63 F. Supp. 2d 905 - Moore v. Apfel’s Empirical Analysis

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

1. “Even a cursory review of the record demonstrates that the ALJ failed to satisfy his duty to scrupulously and conscientiously probe into, inquire of and explore for all of the relevant facts. The Commissioner had a number of opportunities to remand this case voluntarily but instead chose to litigate. The Commissioner acknowledged that the ALJ failed to obtain a valid waiver of Plaintiffs right to representation. In addition, the record was woefully inadequate. Despite this, neither the Appeals Council nor the Commissioner’s trial attorneys chose to voluntarily remand the case. As a result, Plaintiffs counsel was required to litigate this case through summary judgment in order to accomplish the remand. The Commissioner was not substantially justified in forcing Plaintiff to pursue this lawsuit.”

   1 later decision quote this exact passage
   e.g. 259 F. Supp. 2d 775 - Harris v. Barnhart