Butts v. Bowen’s Empirical Analysis
1991
Citation profile
2 federal appellate · 4 district ·
Relationships
Applies 28 U.S.C. § 2412 · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Pierce v. Underwood · Chevron Oil Co. v. Huson · James B. Beam Distilling Co. v. Georgia · Melkonyan v. Sullivan · Sullivan v. Hudson
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court may, on motion of the Secretary made for good cause shown before he files his answer, remand the case to the Secretary for further action by the Secretary, and it may at any time order additional evidence to be taken before the Secretary, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding; and the Secretary shall, after the case is remanded, and after hearing such additional evidence if so ordered, modify or affirm his findings of fact or his decision, or both, and shall file with the court any such additional and modified findings of fact and decision, and a transcript of the additional record and testimony upon which his action in modifying or affirming was based.”
1 later decision quote this exact passage · from the majoritye.g. Rollins v. Sullivan“If Melkonyan is applied retroactively, virtually no social security claimant who succeeded after a pr^-Melkonyan remand from the district court would be able to file a timely fee petition. Unless the Secretary acted expeditiously, the claimant would not be a prevailing party within 30 days of there being a nonap-pealable judgment and therefore any petition filed would have been denied as premature if brought before the claimant prevailed in administrative proceedings or would now be denied as untimely in light of Melkonyan if filed after succeeding in administrative proceedings.”
1 later decision quote this exact passage · from the majority“means a judgment that is final and not appealable, and includes an order of settlement.”
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.