Benson v. Heckler’s Empirical Analysis
780 F.2d 16 · 1985
Citation profile
14 federal appellate · 2 district ·
How this case has been cited
Cited by 34 later decisions — most recently May 2008 · most notably Gavin v. Heckler (1987), Lovelace v. Bowen (1987)
14 federal appellate · 2 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. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Polaski v. Heckler · Tucker v. Heckler · Tome v. Schweiker · Lanning v. Heckler · Reinhart v. Secretary, Health & Human Services
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he AU committed several errors that mandate a reversal. First, the AU improperly discounted appellant’s allegations of pain because of lack of objective evidence of physical impairment. It is well established that it is error for an AU to discount allegations of pain solely because of lack of objective evidence ... [t]he AU further erred by ignoring uncontradicted medical evidence that appellant’s pain is psychological in origin ... an AU may not ignore evidence of a psychological origin of pain.”
1 later decision quote this exact passage · from the majoritye.g. Luna v. Bowen“On remand we remind the ALJ that “[t]his court has consistently held that if the claimant is not able to return to his former job, the burden of proof shifts to the Secretary to establish that there is other work in the national economy that he can perform.” Lanning v. Heckler, 777 F.2d 1316, 1317 (8th Cir.1985). The Secretary must “expressly recognize this shift in the administrative decision.” Id.”
1 later decision quote this exact passage · from the majoritye.g. Davis v. Callahan
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.