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Mirror, Mirror On The Wall: Stigma And Denial In Social Security Disability Hearings, Chris E. Pashler Dec 2012

Mirror, Mirror On The Wall: Stigma And Denial In Social Security Disability Hearings, Chris E. Pashler

Chris E Pashler

Commentators have recently suggested that the Social Security Administration (SSA) abandon its non-adversarial model of adjudication utilized in the disability hearings process in favor of an adversarial system, where the United States would be represented by an attorney. This Article will argue that such measures are not necessary to provide the claimant with a full and fair hearing, and will not lead to more consistent or accurate outcomes. Rather, this Article will argue that adoption of an adversarial model of adjudication will radically transform the nature of the disability adjudication process. This potential shift in the character of the hearings …


Smithers, What's The Name Of This Gastropod? King-Size Homer And The Social Security Administration's Subjective Evaluation Of Fatness, Chris E. Pashler Jan 2012

Smithers, What's The Name Of This Gastropod? King-Size Homer And The Social Security Administration's Subjective Evaluation Of Fatness, Chris E. Pashler

Chris E Pashler

The Social Security Administration has recently come under criticism for its subjective evaluation of disability claims. Recent studies of the Agency’s decisions indicate that great variances in allowance rates continue to exist within the ALJ corps. These variations in decision making are a challenge to the Agency’s credibility, given the real likelihood that disability applications filed by similarly situated adults are treated differently by the ALJ corps. Prior works have looked at inconsistency at different levels in the disability certification process, but this scholarship has not sufficiently examined why similarly situated claimants are treated differently by the Agency. This article, …