Shively v. Heckler’s Empirical Analysis
739 F.2d 987 · 1984
Citation profile
46 federal appellate · 9 district ·
How this case has been cited
Cited by 123 later decisions — most recently January 2017 · most notably Hays v. Sullivan (1990), Craig v. Chater (1996)
46 federal appellate · 9 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. § 416 (§ 216 of the Social Security Act of 1935)
Relies on Laws v. Celebrezze · Thomas v. Celebrezze · Vitek v. Finch · Thorne v. Weinberger
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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance. If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is ‘substantial evidence.’”
33 later decisions quote this exact passage · from the majority“On October 25, 1977, the claimant filed an application for a period of disability and disability insurance benefits alleging disability since May 19, 1976, due to a back injury, left elbow injury, hypertension and a pinched nerve in the right hand. That application was denied by the Administration in an initial determination in Nowember [sic] 1977. On March 14, 1978, the claimant filed another application for a period of disability and disability insurance benefits alleging disability since May 19, 1976. In April 1978, the Administration denied that application in an initial determination. On October 18, 1978, the claimant filed another application for a period of disability and disability insurance benefits which was denied by the Administration in an initial determination in December 1978. On September 27, 1979, the claimant filed another application for a period of disability and disability insurance benefits. That application was denied by the Administration in initial and reconsideration determinations. The claimant did not appeal the reconsideration determination. Instead on June 12, 1986, she filed another application for a period of disability and disability insurance benefits alleging disability from July 1, 1976. On August 4, 1986, the Administration denied that application in an initial determination. On August 21, 1986, the Administration issued a reconsideration determination finding the claimant ‘not disabled.’ The claimant did not appeal the reconsideration det”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Sullivan“'The Secretary, and not the courts, is charged with resolving conflicts in the evidence, and it is immaterial that the evidence before him will permit a conclusion inconsistent with his.'”
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.