Phillips v. Astrue’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “Ultimately, we are more persuaded by the Daniels and Kane line of reasoning than Bowie and Lockwood , largely for the reasons set forth in the Bowie dissent. Namely, whether the Commissioner must set forth specific findings is a different question than whether there is something in the record to indicate the Commissioner considered applying the higher age category. But see Lewis v. Commissioner of Social Sec., 666 F.Supp.2d [730] at 736 (E.D.Mich.2009) (“If application of the higher category would result in a finding of ‘disabled,’ the ALJ is required to make a factual finding as to whether the higher category should be used.”). To this end, we agree with the Commissioner that detailed findings in borderline situations are not necessary. However, it is this court’s job to review whether substantial evidence exists to support the Commissioner’s decision, and we simply cannot complete this review without some showing as to the Commissioner’s consideration of applying the higher age category, which he indisputably is required to do. See Lucas v. Barnhart, 184 Fed.Appx. 204, 208 (3d Cir.2006) (“Because the record does not contain factual findings relevant to the § 404.1563(b) inquiry into whether [the claimant] was entitled to consideration under Rule 202.06 as a borderline age case, we conclude that the SSA’s decision that he is ineligible for benefits under that rule prior to his 55th birthday, July 15, 2003, is un supported by substantial evidence”) (emphasis in original); Cox”

   1 later decision quote this exact passage · from the dissent
   e.g. Figueroa v. Astrue

2. “[the Commissioner] will not apply the age categories mechanically in a borderline situation. If [a claimant is] within a few days to a few months of reaching an older age category, and using the older age category would result in a determination or decision that [the claimant is] disabled, we will consider whether to use the older age category after evaluating the overall impact of all the factors of [the claimant’s case]. ’”

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. Colvin