Freeman v. Schweiker’s Empirical Analysis
681 F.2d 727 · 1982
Citation profile
12 federal appellate · 1 district ·
How this case has been cited
Cited by 57 later decisions — most recently July 2017 · most notably Carroll v. Secretary of Health & Human Services (1983), Van Horn v. Schweiker (1983)
12 federal appellate · 1 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
Relies on Richardson v. Perales · DePaepe v. Richardson · Western v. Harris · 409 F. Supp. 776 - Tyler v. Weinberger
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In this approach, an ALJ who is not a medical expert will subjectively arrive at an index of traits which he expects the claimant to manifest at the hearing. If the claimant falls short of the index, the claim is denied. As the court observed in [Tyler v. Weinberger, 409 F.Supp. 776 (E.D.Va.1976) ], this approach will not only result in unreliable conclusions when observing claimants with honest intentions, but may encourage claimants to manufacture convincing observable manifestations of pain, or, worse yet, discourage them from exercising the right to appear before an Administrative Law Judge for fear that they may not appear to the unexpert eye to be as bad as they feel. 409 F.Supp. at 789 . Freeman v. Schweiker, 681 F.2d 727, 731 (11th Cir.1982).””
4 later decisions quote this exact passage · from the majority“(1) Objective medical facts or clinical findings; (2) Diagnosis of examining physicians; (3) Subjective evidence of pain and disability as testified to by the claimant and corroborated by his wife of other members of his family, his neighbors and others who have observed him; and (4) The claimant’s age, education and work history....”
3 later decisions quote this exact passage · from the majority““In this approach, an AU who is not a medical expert will subjectively arrive at an index of traits which he expects the claimant to manifest at the hearing. If the claimant falls short of the index, the claim is denied.””
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.