Richards v. Social Security Administration’s Empirical Analysis

Citation profile

2 federal appellate · 5 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Definition of ‘living with’: Wife or widow. — A wife shall be deemed to be ‘living with’ her husband at the time of [sic] her application for a benefit is filed, and a widow shall be deemed to have been living with her husband at the time of his death, if, at such time, either of the three following conditions exist: “(a) The husband and wife were at such time members, of the same household. . “A husband and wife we,re members of the same household if they were living together, and customarily lived together, in the same place of abode. “A husband and wife who customarily lived together in the same place of abode but who were not actually doing so at such time, may nevertheless be members of the same household, if they were apart only temporarily and intended to resume living together in the same place of abode. “(b) If the wife was at such time receiving regular contributions from her husband toward her support. - “Contributions must be substantial, and ■ may .be made in cash or other medium. In determining the sufficiency-of .contribu.•tions under this subsection, the surround-ting circumstances -with'. respect to both the time when contributions' are made and the- amount thereof shall be taken into consideration. “(c) If the husband had, at such timie been ordered by any court to contribute to- his wife’s support. “This condition is' met if the husband is legally obligated to contribute to the support of his wife at such time by virtue of any order, judgment, or decree of”

   1 later decision quote this exact passage · from the majority
   e.g. 130 F. Supp. 65 - Colbert v. Hobby

2. ““(1) In determining whether an applicant is the wife, husband, widow, widower, child, or parent of a fully insured or currently insured individual for purposes of this subchapter, the Administrator shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a wife, hus band, widow, widower, child, or parent shall be deemed such. “(2) A wife shall be deemed to be living with her husband if they are both members of the same household, or if she is receiving regular contributions from him toward her support, or he has been ordered by any court to contribute to her support; and a widow shall be deemed to have been living with her husband at the time of his. death if they were both members of the same household on the date of his death, or she was receiving regular contributions from him toward her support on such date, or he had been ordered by any court to contribute to her support.””

   1 later decision quote this exact passage · from the majority
   e.g. Ferenz v. Hobby

3. ““As between the deceased and his widow, there was outstanding an order for him to contribute to her support.””

   1 later decision quote this exact passage · from the majority
   e.g. 154 F. Supp. 699 - Treires v. Folsom