Rivera v. Schweiker’s Empirical Analysis
717 F.2d 719 · 1983
Citation profile
24 federal appellate · 11 district · 1 state decisions
How this case has been cited
Cited by 159 later decisions — most recently May 2019 · most notably Townley v. Heckler (1984), Flaten v. Secretary of Health & Human Services (1995)
24 federal appellate · 11 district · 1 state decisions
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. § 1382C (§ 1614 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Heckler v. Campbell · Eisenstadt v. Baker · Parker v. Harris · Berry v. Schweiker · Gold 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 159 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the [Commissioner] considers whether the claimant is currently engaged in substantial gainful activity. If he is not, the [Commissioner] next considers whether the claimant has a “severe impairment” which significantly limits his physical or mental ability to do basic work activities. If the claimant suffers such an impairment, the third inquiry is whether, based solely on medical evidence, the claimant has an impairment which is listed in Appendix 1 of the regulations. If the claimant has such an impairment, the [Commissioner] will consider him disabled without considering vocational factors such as age, education, and work experience; the [Commissioner] presumes that a claimant who is afflicted with a “listed” impairment is unable to perform substantial gainful activity. Assuming the claimant does not have a listed impairment, the fourth inquiry is whether, despite the claimant’s severe impairment, he has the residual functional capacity to perform his past work. Finally, if the claimant is unable to perform his past work, the [Commissioner] then determines whether there is other work which the claimant could perform.”
23 later decisions quote this exact passage · from the majority“"[a]n individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.””
10 later decisions quote this exact passage · from the majority“(1) objective medical facts; (2) diagnoses or medical opinions based on these facts; (3) subjective evidence of pain and disability testified to by the claimant and family and others; and (4) the claimant’s educational background, age and work experience.”
3 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.