Ferguson v. Schweiker’s Empirical Analysis
765 F.2d 31 · 1985
Citation profile
20 federal appellate · 10 district ·
How this case has been cited
Cited by 103 later decisions — most recently March 2017 · most notably Plummer v. Apfel (1999), Mason v. Shalala (1993)
20 federal appellate · 10 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. § 1381 (§ 1601 of the Social Security Act of 1935) · 42 U.S.C. § 1382C (§ 1614 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Smith v. Califano · Dobrowolsky v. Califano · Kent v. Schweiker · Green v. Schweiker · Rossi v. Califano
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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[b]y independently reviewing and interpreting ... laboratory reports [an] AU impermissibly substitute^] his own judgment for that of a physician; an ALJ is not free to set his own expertise against that of a physician who presents competent evidence.'”
4 later decisions quote this exact passage · from the majority“(1) that subjective complaints of pain be seriously considered, even where not fully confirmed by objective medical evidence, Smith v. Califano, 637 F.2d 968, 972 (3d Cir.1981); Bittel v. Richardson, 441 F.2d 1193, 1195 (3d Cir.1971); (2) that subjective pain “may support a claim for disability benefits,” Bittel, 441 F.2d at 1195 , and “may be disabling,” Smith, 637 F.2d at 972 ; (3) that when such complaints are supported by medical evidence, they should be given great weight, Taybron v. Harris, 667 F.2d 412 , 415 n. 6 (3d Cir.1981); and finally.(4) that where a claimant’s testimony as to pain is reasonably supported by medical evidence, the AU may not discount claimant’s pain without contrary medical evidence. Green v. Schweiker, 749 F.2d 1066,1070 (3d Cir.1984); Smith, 637 F.2d at 972 .”
1 later decision quote this exact passage · from the majority“could reasonably be expected to produce the ... symptoms alleged.”
1 later decision quote this exact passage · from the majoritye.g. Sparks v. Bowen
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.