Case Citator › Elnora G. Pope v. Donna E. Shalala

Elnora G. Pope v. Donna E. Shalala

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

Overruled in part
Court
Seventh Circuit
Citation
998 F.2d 473
Decided
Confirmed treatments
1
Flagged citations read
98 of 98
Citing cases (total)
308
Treatment dates
1999
Overruled in part
A reviewed court has overruled part of this case’s holding. Pope v. Shalala was overruled in part. All 98 flagged citations have been read, and the 1 confirmed treatment is listed below.
More on how this was screened

Johnson v. Apfel overruled Pope's issue-preservation rule for Appeals Council review; the screened opinions did not adversely treat Pope's separate pain-evidence holding.

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.

308 later cases cite Elnora G. Pope v. Donna E. Shalala; 98 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 Elnora G. Pope v. Donna E. Shalala?

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

Overruled in part

  • The Seventh Circuit overruled Pope's rule that a Social Security claimant waives judicial review of an issue not raised before the Appeals Council.

    Johnson v. Apfel · Seventh Circuit · filed

    And a number of cases, including some in this court, hold or assume that the same is true of an appeal from an administrative law judge to the Appeals Council. ... Pope v. Shalala, 998 F.2d 473, 480 n. 6 (7th Cir.1993); ... But these decisions ... cannot be squared with the regulations governing appeals to the Appeals Council. ... (Because we are overruling the decisions of this court, cited earlier, that impose this requirement, we have circulated our opinion to the full court, as required by 7th Cir. R. 40(e). No judge in regular active service asked that the case be heard en banc.)
    Read the full opinion on CourtListener →

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