Sheppard v. Sullivan’s Empirical Analysis
906 F.2d 756 · 1990
Citation profile
8 federal appellate · 4 district ·
How this case has been cited
Cited by 19 later decisions — most recently February 2017
8 federal appellate · 4 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. § 1320A (§ 1127 of the Social Security Act of 1935) · 42 U.S.C. § 1382 (§ 1611 of the Social Security Act of 1935) · 42 U.S.C. § 1383 (§ 1631 of the Social Security Act of 1935) · 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935) · 5 U.S.C. § 552 (Freedom of Information Act) · 5 U.S.C. § 553 (Administrative Procedure Act of 1946)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · United States v. Utah Construction & Mining Co. · University of Tennessee v. Elliott · United States v. Larionoff · National Labor Relations Board v. Wyman-Gordon Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While we accept the SSA view that [reopening for good cause] encompasses clear errors of law, see Fox v. Bowen, 835 F.2d 1159, 1163-64 (6th Cir.1987), we do not read it as all-encompassing. Section 404.989(b), for instance, explicitly precludes reopening on the ground of an intervening change in legal interpretation. And while “clear” is itself one of the least clear terms in the language (perhaps most commonly a flag for the absence of any convincing argument), we take it to work some real limitation. See George v. Schweiker, 563 F.Supp. 888, 890 (D.Minn.1982). In practice, it appears that review is routine, reopening rare. See Cieutat [v. Bowen ] 824 F.2d [348] at 355 n. 9. [(5th Cir.1987)]”
1 later decision quote this exact passage · from the majoritye.g. Koolstra v. Sullivan“[t]he evidence that was considered in making the determination or decision clearly shows on its face that an error was made.”
1 later decision quote this exact passage · from the majoritye.g. Dugan v. Sullivan
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.