Pope v. Bowen’s Empirical Analysis
886 F.2d 1038 · 1989
Citation profile
10 federal appellate ·
How this case has been cited
Cited by 15 later decisions — most recently February 2013
10 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. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935)
Relies on McCoy v. Schweiker · Ward v. Heckler · Butler v. Secretary of Health and Human Services · Struempler v. Bowen · Kirksey v. Heckler
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As the Secretary recognizes, we have frequently declared that the ALJ must expressly acknowledge the shift in the burden of proof and if the ALJ does not do so, we will not assume that the ALJ implicitly shifted the burden of proof. This failure to shift the burden of proof constitutes reversible error unless all of the evidence is so strongly against the claimant’s position that a proper allocation of the burden of proof would not have changed the outcome, [citations omitted]”
1 later decision quote this exact passage · from the majority“the ability to do the requisite physical acts day in and day out, in the sometimes competitive and stressful conditions in which real people work in the real world”
1 later decision quote this exact passage · from the majoritye.g. Forehand v. Barnhart
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.