Herron v. Bowen’s Empirical Analysis
788 F.2d 1127 · 1986
Citation profile
30 federal appellate · 3 district ·
How this case has been cited
Cited by 57 later decisions — most recently June 2015 · most notably Powers v. Commissioner (1993), Baker v. Bowen (1988)
30 federal appellate · 3 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 28 U.S.C. § 2412 · 42 U.S.C. § 416 (§ 216 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 · Riggers Erectors Inc v. Occupational Safety & Health Review Commission J Standard Roofing & Sheet Metal Inc · Russell v. National Mediation Board · Jones v. Heckler · Western v. Harris
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, it is determined whether the claimant is engaged in work that constitutes ‘substantial gainful activity.’ 20 C.F.R. § 404.1520 (b). The claimant’s impairment is then evaluated to determine whether it is severe. Id. at § 404.1520(c). If so, the plaintiff’s condition is compared with a list of impairments compiled by the Secretary, see 20 C.F.R. § 404 , App. I, and if it meets or equals a listed impairment, the claimant is considered automatically disabled. 20 C.F.R. § 404.1520 (d). If not, the next stage of the disability evaluation asks whether the claimant’s impairment prevents the performance of his previous employment. Id. at § 404.1520(e). If unable to continue in previous employment, the next inquiry is whether he can do any other ‘substantial gainful work which exists in the national economy.’ 42 U.S.C. § 423 (d)(2)(A).... If not, he is disabled within the meaning of the act.”
2 later decisions quote this exact passage · from the majority“Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.”
2 later decisions quote this exact passage · from the majority“In reviewing disability determinations by the Secretary, this Court's role is limited to determining whether substantial evidence exists in the record, considered as a whole, to support the Secretary’s factual findings and whether any errors of law were made.... To be substantial, evidence must be relevant and sufficient for a reasonable mind to accept as adequate to support a conclusion; it must be more than a scintilla but it need not be a preponderance.... We may not reweigh the evidence or substitute our judgment for that of the Secretary, but we must scrutinize the record in its entirety to ascertain whether substantial evidence does indeed support the Secretary’s findings.”
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.