Smith v. Bowen’s Empirical Analysis
792 F.2d 1547 · 1986
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 42 later decisions — most recently January 2011 · most notably Ingram v. Commissioner of Social Security Administration (2007), Walker v. Bowen (1987)
16 federal appellate ·
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. § 423 (§ 223 of the Social Security Act of 1935)
Relies on MaCgregor v. Bowen · Cowart v. Schweiker · Wiggins v. Schweiker · Reeves v. Heckler · Strickland 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We do not decide whether the record required that the ALJ order a consultative psychiatric examination. It seems apparent, however, that the evidence as it stood before the Appeals Council indicated the relevance and usefulness of such an examination. We emphasize the merit of Smith’s argument and the error in the Appeal’s Council’s treatment of her request because of the Secretary’s reversal of his position on this issue. In his motion for a remand, the Secretary now acknowledges that development of the medical evidence on Smith’s mental impairment is necessary, a position contrary to that taken by him throughout the history of this case.”
1 later decision quote this exact passage · from the majority“If new and material evidence is submitted, the Appeals Council shall consider the additional evidence only where it relates to the period on or before the date of the administrative law judge hearing decision. The Appeals Council shall evaluate the entire record including the new and material evidence submitted if it relates to the period on or before the date of the administrative law judge hearing decision. It will then review the case if it finds that the administrative law judge’s action, findings, or conclusion is contrary to the weight of the evidence currently of record.”
1 later decision quote this exact passage · from the majoritye.g. Thomas v. Bowen“(1) there is new, noncumulative evidence; (2) the evidence is 'material,' that is, relevant and probative so that there is a reasonable possibility that it would change the administrative result, and (3) there is good cause for failure to submit the evidence at the administrative level.”
1 later decision quote this exact passage · from the majoritye.g. Hyde 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.