Clark v. Harris’s Empirical Analysis
638 F.2d 1347 · 1981
Citation profile
13 federal appellate ·
Relationships
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 406 (§ 206 of the Social Security Act of 1935)
Relies on Easley v. Finch · Cross v. Finch · Goodman v. Richardson · 381 F. Supp. 377 - Rosa v. Weinberger · Weslie W. Herridge v. Elliot L. Richardson, Secretary of Health, Education and 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Representation While it is not required you may be represented at the hearing by an attorney or other qualified person of your choice. If you wish to be represented by an attorney and cannot afford it, your local social security office will provide a list of offices where you may be able to obtain such representation. [Emphasis in original.] Fees for Representation Any fee which your representative wishes to charge is subject to approval by the Bureau of Hearings and Appeals, and your representative must furnish you with a copy of the fee petition. When you receive your copy of the fee petition, you will have 20 days to comment, if you wish, regarding the requested fee. If you are found entitled to past-due Disability Insurance Benefits, and your representative is an attorney, 25 percent of such past-due benefits will be withheld by the Social Security Administration pending approval of a fee for your attorney. If the approved fee is less than the 25 percent withheld, the amount of the fee will be paid to your attorney from the amount withheld and the difference will be sent to you. If the approved fee is more than 25 percent of your past-due benefits, the 25 percent will be paid to your attorney and the difference is a matter to be settled between you and your attorney. If you are found not entitled to past-due Disability Insurance Benefits, or if your representative is not an attorney, none of those benefits will be withheld by the Social Security Administration. Payment of”
1 later decision quote this exact passage · from the majoritye.g. Benson v. Harris“to consider that in view of (Dr. Mauldin's) diagnosis, that she has these functional capacities. She can lift 50 pounds occasionally and 20 pounds frequently. She can stand and walk at least four out of eight hours. She can sit and work as much as six out of eight hours.”
1 later decision quote this exact passage · from the majoritye.g. Clark v. Schweiker“an impairment or a combination of impairment of sufficient severity to preclude substantial gainful activity for a long, continuous and indefinite period of time or a continuous period of 12 months or more, or that would result in death.”
1 later decision quote this exact passage · from the majoritye.g. Clark v. Schweiker
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.