McCall v. Bowen’s Empirical Analysis
832 F.2d 862 · 1987
Citation profile
11 federal appellate · 1 district ·
How this case has been cited
Cited by 32 later decisions — most recently December 2020 · most notably Cook v. Commissioner of Social Security (2007), Kinash v. Callahan (1997)
11 federal appellate · 1 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. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Califano v. Sanders · Harper v. Bowen · Matsibekker v. Heckler · Chiappa v. Califano
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the present case, the Appeals Council’s decision was dated June 13, 1983, and notice of that decision was mailed on June 20, 1983; thus the government is entitled to a presumption that appellant received the notice on June 25. The appellant sought to rebut the presumption that he received notice in June by offering his affidavit and his attorney’s affidavit stating that neither of them received notice of the Appeals Council’s decision until September 8, 1983. The Appeals Council was entitled to conclude that this was insufficient to rebut the presumption of notice. As the court noted in Rouse v. Harris, 482 F.Supp. 766, 769 (D.N.J.1980): Although the court presumes that these statements, like all statements made or offered by an officer of the court, are made in good faith, they cannot provide a substitute for a more concrete showing that the plaintiff or her attorney actually did not receive the Secretary’s notice within five days of the date of mailing. Otherwise, this court would be creating an exception to the Act by which a tardy claimant could avoid the jurisdictional requirements by merely asserting a late delivery of the notice of the Secretary’s decision. See also Chiappa v. Califano, 480 F.Supp. 856 (S.D.N.Y.1979); Gibbs v. Harris, 501 F.Supp. 124 (D.Md.1980).”
2 later decisions quote this exact passage · from the majority“Any individual, after any final decision of the Commissioner of Social Security made after a hearing to which he is a party . . . may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Commissioner of Social Security may allow.”
1 later decision quote this exact passage · from the majoritye.g. Fletcher v. Apfel“The [Commissioner] pursuant to its authority under 405(g) to allow 'further time' for the commencement of civil actions, promulgated 20 C.F.R. 422.210(c)”
1 later decision quote this exact passage · from the majoritye.g. Fletcher 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.