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← 655 FSUPP 173 - Odierno v. Bowen

Odierno v. Bowen’s Empirical Analysis

1987

Citation profile

4
cited by 4 later decisions
May 2004
most recently cited

1 federal appellate ·

How this case has been cited

Cited by 4 later decisions — most recently May 2004

1 federal appellate ·

20198719902000decided

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

Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)

Relies on Richardson v. Perales · Consolidated Edison Co of New York v. National Labor Relations Board · Bowen v. City of New York · Heckler v. Campbell · Parker v. Harris

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.

  1. “[0]nce the disability evaluation process reaches the fifth step, the burden shifts to the Secretary to prove that the claimant has the residual capacity to perform alternative occupations available in the national economy. Although the Supreme Court has specifically upheld use of the grids so that the Secretary need not take vocational testimony on the existence of specific jobs at each claimant’s hearing, the decision carefully noted that the Secretary’s own regulations permit automatic application of the conclusion disability or non-disability only when the rules accurately describe a claimant’s abilities and limitations. In those instances where a claimant’s combination of impairments cannot be matched with a square on the grid, such as when a claimant is afflicted as well with non-exertional or environmental limitations, the Secretary must give full consideration ... to all the relevant facts in the case in accordance with the definitions and discussions of each factor in the appropriate sections of the regulations, which will provide insight into the adjudicative weight to be accorded each factor. When a claimant has presented both strength and nonexertional limitations, the Secretary is to decide whether a finding of disabled may be possible based on strength limitations alone. If the strength limitations alone are not disabling, the Secretary may use the grid as a framework for his analysis, but he cannot rely upon the grid as the sole basis for a conclusion that suita”
    1 later decision quote this exact passage · from the majority
  2. “Sedentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.”
    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.