Case Citator › Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. Schweiker

Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. Schweiker

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Eighth Circuit
Citation
683 F.2d 1138
Decided
Confirmed treatments
1
Flagged citations read
103 of 103
Citing cases (total)
543
Treatment dates
1998
Abrogated
A reviewed court treats this case as abrogated by later authority. The consolidated McCoy v. Schweiker cases are abrogated among the reviewed cases: all 103 flagged citations have been read, with the one confirmed treatment listed below. The Supreme Court's decision in Forney v. Apfel displaced McCoy's footnote 2 rule that a district-court order remanding a Social Security case for further agency proceedings was not a final judgment appealable under 28 U.S.C. § 1291.
More on how this was screened

The later district-court opinions applied McCoy's unaffected five-step disability framework, residual-functional-capacity, record-development, and disability-review rules while repeating a history parenthetical that attributed abrogation on other grounds to Higgins v. Apfel. Direct review of Higgins confirms that the Eighth Circuit itself simply recognized Forney's intervening change and continued to apply McCoy elsewhere; those lower-court citations therefore do not create additional treatments. The Parmenter opinion was flagged twice for different treatment words, and both flags were reviewed from the same passage.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

543 later cases cite Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. Schweiker; 103 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. Schweiker?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court abrogated McCoy's rule that a sentence-four order remanding a Social Security disability case to the agency for further proceedings is not a final, appealable judgment.

    Forney v. Apfel · Supreme Court of the United States · filed

    This Court has previously held that this statutory language means what it says, namely, that a district court order remanding a Social Security disability benefit claim to the agency for further proceedings is a “final judgment” for purposes of § 1291 and it is, therefore, appealable.
    Read the full opinion on CourtListener →

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