Newhouse v. Heckler’s Empirical Analysis
753 F.2d 283 · 1985
Citation profile
11 federal appellate · 6 district ·
How this case has been cited
Cited by 44 later decisions (1 by the Supreme Court) — most recently February 2019 · most notably Sullivan v. Finkelstein (1990), Plummer v. Apfel (1999)
11 federal appellate · 6 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. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Richardson v. Perales · Booz v. Secretary of Health & Human Services · Szubak v. Secretary of Health & Human Services · Kuzmin v. Schweiker · Dorsey v. Heckler
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As amended in 1980, § 405(g) now requires that to support a “new evidence” remand, the evidence must first be “new” and not merely cumulative of what is already in the record. E.g., Bomes v. Schweiker, 544 F.Supp. 72, 75-76 (D.Mass.1982). Second, the evidence must be “material”; it must be relevant and probative. E.g., Chaney v. Schweiker, 659 F.2d 676, 679 (5th Cir. 1981). Beyond that, the materiality standard requires that there be a reasonable possibility that the new evidence would have changed the outcome of the Secretary’s determination. Id.; see also Bomes, 544 F.Supp. at 76 . An implicit materiality requirement is that the new evidence relate to the time period for which benefits were denied, and that it not concern evidence of a later acquired disability or of the subsequent deterioration of the previously non-disabling condition. See Ward v. Schweiker, 686 F.2d 762, 765 (9th Cir. 1982) . Finally the claimant must demonstrate good cause for not having incorporated the new evidence into the administrative record. E.g., Brown v. Schweiker, 557 F.Supp. 190 at 192 (M.D.Fla. 1983) .”
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.