Tomas v. Rubin’s Empirical Analysis
926 F.2d 906 · 1991
Citation profile
2 federal appellate · 6 state decisions
Relationships
Applies 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935) · 42 U.S.C. § 602 (§ 402 of the Social Security Act of 1935)
Relies on Heckler v. Turner · Morrison-Knudsen Co. v. CHG International, Inc. · Woods v. United States · Punohu v. Sunn
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o give meaning to the inclusion of the attestation in definition of cooperation, an attestation of lack of information should create a presumption of cooperation that may be overcome by showing that the attestation was false, or that the applicant failed to cooperate in [another] respect[] under 45 C.F.R. § 232.12 (b).”
3 later decisions quote this exact passage · from the majority“(b) The plan shall specify that cooperate includes any of the following actions that are relevant to, or necessary for, the achievement of the objectives specified in paragraph (a) of this section: (1) Appearing at an office of the State or local agency or the child support agency as necessary to provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the applicant or recipient; (2) Appearing as a witness at judicial or other hearings or proceedings; (3) Providing information, or attesting to the lack of information, under penalty of perjury; and (4) Paying to the child support agency any support payments received from the absent parent after an assignment under § 232.11 has been made. This includes support payments received in the current month and any amounts due to the IY-D agency under the IV-D State plan provisions for recovery of retained direct support payments at 45 CFR 302.31(a)(3)(ii).”
2 later decisions quote this exact passage · from the majority“interest in applying [their] expertise, correcting [their] own errors, making a proper record, and maintaining an efficient, independent administrative system,”
2 later decisions quote this exact passage · from the majoritye.g. Tomas v. Rubin · Tomas v. Rubin
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.