Gallagher ex rel. Gallagher v. Schweiker’s Empirical Analysis
697 F.2d 82 · 1983
Citation profile
10 federal appellate · 5 district ·
How this case has been cited
Cited by 49 later decisions — most recently March 2017 · most notably Bunnell v. Sullivan (1991), Snell v. Apfel (1999)
10 federal appellate · 5 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. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Marcus v. Califano · Aubeuf v. Schweiker · Ber v. Celebrezze · Hankerson v. Harris · McLaughlin v. Secretary of Health, Education & Welfare
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability as defined in this section [of the Act]; there must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques, which show the existence of a medical impairment that results from anatomical, physiological, or psychological abnormalities which could reasonably be expected to produce the pain or other symptoms alleged and which, when considered with all the evidence required to be furnished under this paragraph ... would lead to a conclusion that the individual is under a disability.”
3 later decisions quote this exact passage · from the majority“The effects of all symptoms, including severe and prolonged pain, must be evaluated on the basis of a medically determinable impairment which can be shown to be the cause of the symptoms. We will never find that you are disabled based on your symptoms, including pain, unless medical signs or findings show that there is a medical condition that could be reasonably expected to produce those symptoms.”
2 later decisions quote this exact passage · from the majority“a widow's disability must be sufficiently severe to preclude an individual from engaging in 'any' gainful activity, whereas a wage earner's disability need be sufficient to preclude an individual from engaging in any 'substantial' gainful activity.”
1 later decision quote this exact passage · from the majoritye.g. Tolany v. Heckler
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.