Filus v. Astrue’s Empirical Analysis
694 F.3d 863 · 2012
Citation profile
8 federal appellate ·
Relationships
Applies 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Clifford v. Apfel · Luna v. Shalala · Skarbek v. Barnhart · Schmidt v. Astrue · Scheck v. Barnhart
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One problem with the boilerplate is that the assessment of the claimant’s “residual functional capacity”... comes later in the administrative law judge’s opinion, not “above” — above is just the foreshadowed conclusion of that later assessment. A deeper problem is that the assessment of a claimant’s ability to work will often ... depend heavily on the credibility of her statements concerning the “intensity, persistence and limiting effects” of her symptoms, but the passage implies that ability to work is determined first and is then used to determine the claimant’s credibility. That gets things backwards.”
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.