Talbott v. Bowen’s Empirical Analysis
821 F.2d 511 · 1987
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 56 later decisions — most recently February 2016 · most notably Wilcutts v. Apfel (1998), Cox v. Apfel (1998)
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. § 423 (§ 223 of the Social Security Act of 1935)
Relies on McCoy v. Schweiker · O'Leary v. Schweiker · Tucker v. Heckler · Jelinek v. Heckler · Cook v. Bowen
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the ALJ finds that the claimant cannot return to his past relevant work, the burden of proof shifts to the [Commissioner], who then has the duty to establish that the claimant is not disabled within the meaning of the Act. In presenting evidence that a claimant is not disabled, the [Commissioner] must prove by medical evidence that the claimant has the residual functional capacity to do other kinds of work and that there are jobs available in the national economy that realistically suit the claimant. O’Leary v. Schweiker, 710 F.2d 1334, 1338 (8th Cir. 1983). “In determining whether there are job available that a claimant can perform, the [Commissioner] must consider the claimant’s exertional and nonexertional impairments, together with the claimant’s age, education, and previous work experience.” Id.”
2 later decisions quote this exact passage · from the majority“a job in this category ... requires a good deal of walking or standing, or when it involves sitting most of the time [may involve] some pushing or pulling of arm or leg controls.”
2 later decisions quote this exact passage · from the majority“(1) that he has a medically determinable physical or mental impairment which will either last for at least twelve months or result in death, (2) that he is unable to engage in any substantial gainful activity, and (3) that this inability is a result of his impairment.”
1 later decision quote this exact passage · from the majoritye.g. Fenton v. Apfel
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.