Clark v. Schweiker’s Empirical Analysis
652 F.2d 399 · 1981
Citation profile
23 federal appellate · 3 district ·
How this case has been cited
Cited by 72 later decisions — most recently September 2014 · most notably Lashley v. Secretary of Health & Human Services (1983), Cowart v. Schweiker (1981)
23 federal appellate · 3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Goldberg v. Kelly · Easley v. Finch · Cross v. Finch · Goodman v. Richardson
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'an Administrative Law Judge's basic obligation to develop a full and fair record rises to a special duty when an unrepresented claimant unfamiliar with hearing procedures appears before him.'”
3 later decisions quote this exact passage · from the majority“If you prefer to have a legal representative, but have difficulty in finding one or cannot afford it, you should ask the people at your local social security office about obtaining the services of an attorney through your local Bar Association, the Legal Aid Society, or some other organization in your area. 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 benefits and your representative is an attorney who intends to charge a fee, 25 percent of such past-due benefits will be withheld by the Social Security Administration pending receipt of a petition from the attorney and approval of a fee by the Bureau of Hearings and Appeals. 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 your representative is not an attorney, or if there are no past-due benefits, none of your benefits will be withheld and payment of any approved fee is a matter to be settled between you and you”
2 later decisions quote this exact passage · from the majority“Clark indicates a slightly different standard for reviewing whether a claimant received a full and fair hearing depending on whether the unrepresented claimant effectively waived his right to representation. If there has been a waiver of right to counsel, claimant must show "clear prejudice or unfairness” caused by lack of counsel in order to prove that he was denied a full and fair hearing and is entitled to a remand to the Secretary.... If the right to counsel was not waived, the ,AU is under a "special duty” to develop a full and fair hearing by conscientiously probing into all relevant facts____ "This special duty requires, essentially, a record which shows that the claimant was not prejudiced by lack of counsel.”... However, under this standard, “we are not required to determine that the presence of counsel would necessarily have resulted in any specific benefits in the handling of the case before the ALJ,””
2 later decisions 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.