Giacone v. Schweiker’s Empirical Analysis

Citation profile

8 federal appellate · 1 district · 1 state decisions

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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Social Security beneficiaries thus deserve full due process protection while pursuing a disputed claim for benefits through the twists and turns of the administrative process. The risk of an erroneous deprivation of benefits through the failure to inform a claimant of the ‘good cause’ issue is also very great. A ‘good cause’ determination essentially seals the fate of a Social Security claimant who has submitted a tardy filing. If ‘good cause’ is established, the individual will be able to obtain further administrative arid judicial review of the merits of the claim. Without a showing of ‘good cause,’ further review of the claim is unlikely. Thus, the establishment of procedural safeguards to inform claimants of the existence and importance of the ‘good cause’ determination would provide valuable protection against the erroneous denial of Social Security benefits. Here, the claimant contends that he was seriously and substantially misled by the fabian tactics of the Rockford Social Security office. He thus had a persuasive story to tell had he been on proper notice that the causes of delay were in issue” (Giacone, supra, 656 F.2d at p. 1244).”

   1 later decision quote this exact passage · from the majority
   e.g. 864 F. Supp. 300 - Bernstein ex rel. Bernstein v. Shalala

2. “To interpret Section 405(g) to allow a claimant judicial review simply by filing, and being denied an opportunity to extend the time for complying with administrative filing deadlines would subvert the Congressional purpose, manifested in Section 405(g), to impose a 60-day time limit on judicial review of the final decision of the Secretary on an initial claim for benefits. Moreover, were we to recognize a rule authorizing judicial review of refusals to extend filing deadlines different from that imposed by the Supreme Court with regard to requests to reopen, claimants could circumvent the [Califano ] holding merely by filing for extensions.”

   1 later decision quote this exact passage · from the majority
   e.g. Garza v. Chater

3. “the final arbiter and 'supreme administrative court' in the agency process.”

   1 later decision quote this exact passage · from the majority
   e.g. Cummings v. Sullivan