Kier v. Sullivan’s Empirical Analysis
888 F.2d 244 · 1989
Citation profile
8 federal appellate · 1 district ·
How this case has been cited
Cited by 24 later decisions — most recently July 2000
8 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. § 423 (§ 223 of the Social Security Act of 1935)
Relies on Bowen v. City of New York · Williams v. Bowen · City of New York v. Heckler · Decker v. Harris · Gallagher ex rel. Gallagher v. Schweiker
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]f a claimant has an impairment that is not listed and is not the medical equivalent of a listed impairment, but the claimant nevertheless is unable to engage in any gainful activity, it is difficult to see how that person may be denied benefits. It would seem anomalous if an impairment that is only presumed to be disabling because it is listed results in allowance of benefits, yet an impairment that in fact leaves the claimant without the residual functional capacity to engage in any gainful activity is insufficient to warrant benefits.”
2 later decisions quote this exact passage · from the majority“[i]f a claimant's residual functional capacity leaves her unable to perform any gainful activity, her impairments, even if unlisted, must be at the level of severity of an impairment included in the Secretary's Listing.”
2 later decisions quote this exact passage · from the majority“level of severity ... sufficient to preclude an individual from engaging in any gainful activity”
2 later decisions quote this exact passage · from the majority
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.