Gude v. Sullivan’s Empirical Analysis
956 F.2d 791 · 1992
Citation profile
6 federal appellate · 3 district ·
How this case has been cited
Cited by 22 later decisions — most recently July 2021
6 federal appellate · 3 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
Relies on McCoy v. Schweiker · O'Leary v. Schweiker · Cline v. Sullivan · Warner v. Heckler · Kirby v. Sullivan
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Finally, the ALJ disregarded Gude’s subjective complaints because her past jobs were “low wage endeavors that provided no financial incentive to return to.” This is an unacceptable reason to discredit Gude’s subjective complaints of pain. It penalizes Gude for engaging in low-paying work, yet that is the most likely the only kind of work that gude’s borderline intellectual functioning enabled her to perform. Moreover, Gude has no history of malingering. She worked at a variety of jobs until 1986 when she was hospitalized for SLE. Indeed, Gude left her last job not because she did not want to work as a babysitter, but because parents of the children she cared for complained that swelling from Gude’s SLE interfered with Gude’s work.”
1 later decision quote this exact passage · from the majority“The “burden is on the Secretary to show that this claimant is able to perform the requisite acts of sedentary work day in and day out in the competitive conditions of work in the real world.” O’Leary v. Schweiker, 710 F.2d 1334, 1342 (8th Cir. 1983). Here, the Secretary failed to meet this burden; he ignored the treating physician’s opinion, which was well supported by the medical evidence, and improperly discredited Gude’s subjective complaints of pain and fatigue.”
1 later decision quote this exact passage · from the majoritye.g. Davis v. Callahan“While the opinion of a treating physician is entitled to great weight, Gude v. Sullivan, 956 F.2d 791 , 793 (8th Cir. 1992),”
1 later decision 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.