Tibbits v. Shalala’s Empirical Analysis

Citation profile

5 district ·

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While the claimant retains the burden of showing that he is disabled at step four, the ALJ has a duty “of inquiry and factual development.” The ALJ must obtain adequate “factual information about those work demands which have a bearing on the medically established limitations.” Further, when the claimant’s impairment is a mental one, care must be taken to obtain a precise description of the particular job duties which are likely to produce tension and anxiety, e.g., speed, precision, complexity of tasks, independent judgments, working with other people, etc., in order to determine if the claimant’s mental impairment is compatible with the performance of such work.... On remand, the ALJ must not only develop the record concerning the demands of plaintiffs past relevant work, but make findings that compare the mental and physical demands of that work with plaintiffs capabilities.... ... “[A] finding that a claimant is able to engage in substantial gainful activity requires more than a simple determination that the claimant can find employment and that he can physically perform certain jobs; it also requires a determination that the claimant can hold whatever job he finds for a significant period of time.””

   1 later decision quote this exact passage · from the majority
   e.g. Birnell v. Apfel

2. “In assessing a claimant’s mental RFC, the ALJ should consider, among other things, the claimant’s ability to engage in the activities of daily living; to interact appropriately with the public, supervisors, and co-workers; to focus long enough to complete tasks in a timely fashion; and to adapt to stressful circumstances without either withdrawing from the situation or experiencing increased signs and symptoms of the claimant’s mental disorder.”

   1 later decision quote this exact passage · from the majority
   e.g. Birnell v. Apfel