Dwyer v. Califano’s Empirical Analysis
636 F.2d 908 · 1980
Citation profile
17 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935)
Relies on Rosenberg v. Richardson · Davis v. Califano · Woodson v. Califano · 440 F. Supp. 1031 - McGuire v. Califano
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“does not apply 15 if another person is or has been entitled to a benefit under [section 402(e) ] of this title on the basis of the wages and self-employment income of such insured individual and such other person is ... a ... widow ... of such insured individual under subparagraph (A) at the time such applicant files the application.... 16 Congress apparently intended that a deceased husband's benefits should go to his”
2 later decisions quote this exact passage · from the majoritye.g. Martin v. Harris · Ray v. Bowen“if 11 such applicant in good faith went through a marriage ceremony with [the insured] individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony would have been a valid marriage, and such applicant and the insured individual were living in the same household at the time of the death of such insured individual.... 12 42 U.S.C. Sec. 416(h)(1)(B). 13 On the undisputed facts of this case, Josephine Ray qualifies as the”
1 later decision quote this exact passage · from the majoritye.g. Ray v. Bowen“But we are not as persuaded of the plain meaning of the statute as the Dwyer panel. We do agree with the Third Circuit that the legislative history of section 216(h)(1)(B) in large part only restates the basic language of the statute. However, while the statute speaks in the singular”
1 later decision quote this exact passage · from the majority
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.