Jones v. Astrue’s Empirical Analysis
650 F.3d 772 · 2011
Citation profile
2 federal appellate · 2 district ·
Relationships
Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Steel Co. v. Citizens for a Better Environment · Shalala v. Schaefer · Melkonyan v. Sullivan · Citizens Bank of Md. v. Strumpf
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In reviewing an agency’s final decision in a case such as this one brought under 42 U.S.C. § 405 (g), this Court is not empowered to make substitute findings of fact or decisions for the agency. Rather, it is empowered to enter “a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405 (g). In this case, the final agency decision was reversed and the matter was remanded so that the Commissioner could issue a new decision after further proceedings. In short, the plaintiff has already obtained the maximum relief — reversal and remand — that the Court is authorized to award in a § 405(g) case.”
1 later decision quote this exact passage · from the majority“1. Hold a new hearing to obtain supplemental vocational expert evidence regarding plaintiffs ability to perform other work, evidence provided in response to a complete hypothetical question; 2. Identify and resolve any conflicts between the occupational evidence provided by the vocational expert and information in the Dictionary of Occupational Titles and the Selected Characteristics of Occupations, and in doing so, ensure that the hypothetical question to the vocational expert is consistent with the hearing decision’s residual functional capacity finding; and 3. Issue a new decision.”
1 later decision quote this exact passage · from the majority“[W]hen a claimant makes out his prima facie case and the agency fails to carry its burden of showing the claimant could perform 'other work,’ the district court may remand the case to the Commissioner with instructions to award the claimant benefits.”); Talbot v. Heckler, 814 F.2d 1456, 1466 (10th Cir.1987) (”
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.