McShea v. Schweiker’s Empirical Analysis
700 F.2d 117 · 1983
Citation profile
20 federal appellate · 5 district ·
How this case has been cited
Cited by 48 later decisions — most recently October 2013 · most notably Purter v. Heckler (1985), Matullo v. Bowen (1990)
20 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
Relies on James Hess, Jr. v. Secretary of Health, Education and Welfare, United States of America · Ferguson v. Schweiker · Adams v. Weinberger · Hicks v. Califano · Cannon v. Harris
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.
“Nothing in the Social Security Act permits rejection of a disability claim simply because the claimant has not experienced significant end organ damage. [citation omitted] Where there is evidence of alcohol abuse, the Secretary must inquire whether the claimant is addicted to alcohol and, as a consequence, has lost the ability to control its use.”
6 later decisions quote this exact passage · from the majority“[t]he medical records in this case reek of chronic and severe alcoholism”
4 later decisions quote this exact passage · from the majoritye.g. Robert T. Fritz v. Shirley S. Chater, Commissioner of Social Security, 1 · 30 soc.sec.rep.ser. 128, unempl.ins.rep. Cch 15523a in Re Petition of Louis W. Sullivan, M.D., Secretary of Health and Human Services. William Wilkerson, Robert J. Gardner and William E. Smith, on Behalf of Themselves and All Others Similarly Situated v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, Honorable John B. Hannum, Nominal William Wilkerson, Robert J. Gardner and William E. Smith, on Behalf of Themselves and All Others Similarly Situated v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, (Two Cases) William Wilkerson, Robert J. Gardner and William E. Smith, on Behalf of Themselves and All Others Similarly Situated v. Louis W. Sullivan, M.D., Secretary of Health and Human Services“alcoholism, either alone or combined with other causes, can constitute a compensable disability 'if it prevents a claimant from engaging in substantial gainful employment.'”
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.