Smith v. Schweiker’s Empirical Analysis
677 F.2d 826 · 1982
Citation profile
8 federal appellate · 2 district ·
How this case has been cited
Cited by 48 later decisions — most recently February 2017 · most notably Edwards v. Sullivan (1991), Poulin v. Bowen (1987)
8 federal appellate · 2 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
Applies 42 U.S.C. § 406 (§ 206 of the Social Security Act of 1935)
Relies on Richardson v. Perales · Cowart v. Schweiker · Clark v. Schweiker · Ware v. Schweiker
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]e are concerned not so much with whether every question was asked which might have been asked had [Edwards] been represented by an attorney, as we are with whether the record reveals evidentiary gaps which result in unfairness or 'clear prejudice.'”
2 later decisions quote this exact passage · from the majority“[W]here the disability benefits claimant is unassisted by counsel, the ALJ has a duty scrupulously and conscientiously [to] probe into, inquire of, and explore for all the relevant facts.”
2 later decisions quote this exact passage · from the majority“The special duty assigned to the ALJ 'requires, essentially, a record which shows that the claimant was not prejudiced by lack of counsel.'”
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.