Stroop v. Bowen’s Empirical Analysis
870 F.2d 969 · 1989
Citation profile
3 federal appellate · 2 state decisions
Appellate journey
Relationships
Applies 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935) · 42 U.S.C. § 602 (§ 402 of the Social Security Act of 1935) · 42 U.S.C. § 657 (§ 457 of the Social Security Act of 1935) · 42 U.S.C. § 658 (§ 458 of the Social Security Act of 1935)
Relies on United States v. Harriss · International Ass'n of MacHinists v. Street · Weinberger v. Hynson, Westcott & Dunning, Inc. · United States v. Price · Clark v. Jeter
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it is apparent that disregard of the first $50 of social security payments, which are received in lieu of payments made by a father, serves the same purpose.”
2 later decisions quote this exact passage“the disregard of the first $50 paid by a father serves to mitigate the burden of the changes wrought by the DEFRA amendments.”
2 later decisions quote this exact passage“It is axiomatic that the intent of one Congress cannot be inferred from the activities of another Congress. United States v. Price, 361 U.S. 304, 313 , 80 S.Ct. 326, 332 , 4 L.Ed. 2d 334 (1960). In 1974, AFDC recipient cooperation was not a prerequisite to receiving benefits. Also, at that time social security payments were not a factor in determining a family's eligibility for AFDC, so there was no occasion for Congress to consider whether the disregard should also apply to such payments. In 1984 when the current provision was adopted, cooperation was a prerequisite, and AFDC recipients had existing incentives to cooperate in ensuring that child support payments were made. Moreover, amendments to 42 U.S.C. § 658 have enhanced the states' incentives for tracking down nonresident parents who are delinquent in making child support payments. The Secretary's argument that the $50 disregard serves as a financial impetus is substantially eviscerated by legislative acts of the past 14 years, and it is unsupported by the legislative history of the current [disregard] provision. [ 870 F. 2d at 973-974 ].”
1 later decision quote this exact passage
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.