Usher v. Schweiker’s Empirical Analysis
666 F.2d 652 · 1981
Citation profile
27 federal appellate · 1 district ·
Relationships
Relies on Williamson v. Lee Optical of Oklahoma, Inc. · King v. Smith · National Labor Relations Board v. Bell Aerospace Co. · Johnson v. Robison · Schweiker v. Gray Panthers
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.
“(d) Valuation of support and maintenance for individuals in household situations. When an eligible individual ... lives in a household (i.e., is not in an institution) ... any support and maintenance received in kind but not received in lieu of cash wages ... is unearned income. In such cases effective with payments for December 1974, the maximum value of such support and maintenance is presumed to be at two-thirds of the applicable payment standard; i.e., the value is presumed to be one-third of the payment standard.... This presumption will be applied in determining the benefits unless it is rebutted by the individual’s establishing that the current market value of such support and maintenance, less any payment he makes therefor, is lower than the presumed value. This rule will apply in the following circumstances: * * * * * * (2) When an eligible individual ... lives in his own household, including a commercial establishment, and receives support and maintenance in kind.”
2 later decisions quote this exact passage · from the majority“Under the SSI program ... all forms of income — including room and board furnished for less than cost — are used to reduce the amount of benefits payable.”
2 later decisions quote this exact passage · from the majority“(d) Valuation of support and maintenance for individuals in household situations. When an eligible individual ... lives in a household (i.e., is not in an institution), ... any support and maintenance received in kind but not received in lieu of cash wages ... is unearned income. In such cases effective with payments for December 1974, the maximum value of such support and maintenance is presumed to be that amount which, for an individual or a couple with no other income, would result in payment at two-thirds of the applicable payment standard; i.e., the value is presumed to be one-third of the payment standard .... This presumption will be applied in determining the benefits payable unless it is rebutted by the individual’s establishing that the current market value of such support and maintenance, less any payment he makes therefor, is lower than the presumed value. This rule will apply in the following circumstances: (2) When an eligible individual ... lives in his own household, including a commercial establishment, and receives support and maintenance in kind.”
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.