Kennedy v. Colvin’s Empirical Analysis

Citation profile

3 federal appellate · 8 district ·

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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The five-step process for disability determinations begins, at the first and second steps, by asking whether a claimant is engaged in “substantial gainful activity” and considering the severity of the claimant’s impairments. See 20 C.F.R. § 416.920 (a)(4)(i)-(ii). If the inquiry continues beyond the second step, the third step asks whether the claimant’s impairment or combination of impairments meets or equals a listing under 20 C.F.R. pt. 404, subpt. P, app. 1 and meets the duration requirement, See id. § 416.920(a)(4)(iii). If so, the claimant is considered disabled and benefits are .awarded, ending the inquiry. See id. If the process continues-beyond the third step, the fourth and fifth steps consider the claimant’s “residual functional capacity” in determining whether the claimant can still do past relevant work or make an adjustment to other work. See id, § 416,920(a)(4)(iv)-(v).”

   2 later decisions quote this exact passage · from the majority
   e.g. Cervantez v. Commissioner of Social Security Administration · 174 F. Supp. 3d 1112 - Moreno v. Colvin

2. “The ALJ made the following finding: Finally, the “paragraph C” criteria of listing 12.05 are met because the claimant does have a verbal, performance, or full scale IQ of 60 through 70 and a physical or other mental impairment imposing an additional and significant work-related limitation of function. The claimant has a full scale IQ of 69; however, this has been considered to be mild.”

   1 later decision quote this exact passage · from the majority
   e.g. Garcia v. Colvin