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Articles 1 - 26 of 26
Full-Text Articles in Law
Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann
Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann
Journal of the National Association of Administrative Law Judiciary
The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …
Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe
Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicasaurus Rex, Jeffrey S. Wolfe
Adjudicasaurus Rex, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …
Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz
Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum
The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
This Article examines the alternative readings and rationales of Richardson v. Perales regarding the cross-examination of reporting physicians in social security disability claim hearings. First, Part II compares the Sixth and Second Circuit's interpretation of the Perales rule, which supports the SSA's regulation and interpretation, to the Fifth Circuit's interpretation, which explicitly proclaims cross-examination, once duly requested, to be an absolute right. Part III questions whether the Perales Court's declaration that the SSA is “an [impartial] adjudicator and not . . . an advocate or adversary” remains empirically valid. Part IV discusses the SSA's recent assertions of management prerogatives that …
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum
Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt
Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Toward A Unified And Reciprocal Disability System, Paul Armstrong
Toward A Unified And Reciprocal Disability System, Paul Armstrong
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Bruno PS Van Eck
The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …
Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin
Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
This Article examines the administrative processes and judicial analytical framework that govern the adjudication of Social Security disability claims for persons suffering with mental disorders. Since the enactment of the Social Security Act as a part of President Roosevelt's "New Deal," the federal government has assumed a significant role in providing a minimum level of support for those citizens beset with unfortunate economic hardship. In 1956, the Social Security Act was expanded to provide disability benefits for those unable to attain gainful employment due to a mental or physical impairment. For the mentally disabled, demonstrating eligibility for disability benefits can …
Access To Quasi-Judicial Decisions – Jama V Minister For Social Protection, Mel Cousins
Access To Quasi-Judicial Decisions – Jama V Minister For Social Protection, Mel Cousins
Mel Cousins
This case involves the important issue of access to the decisions of social welfare appeals officers. The Irish High Court concluded that there was no duty on the Department to maintain a database or open library of decisions to which the public may have access and, therefore, no question of a right of access thereto arose. However, it is submitted that the legal analysis of the general issue is doubtful.
Full Funding: The Future Of Social Security, Benjamin A. Templin
Full Funding: The Future Of Social Security, Benjamin A. Templin
Benjamin A. Templin
Investing the Social Security Trust Fund in a well diversified portfolio of stocks, bonds, and other investments remains the best hope of continuing to fund social insurance without substantially raising taxes or reducing benefits. The problem with investing the Trust Fund in the market is the politically charged issue of government interference in the investment decision and corporate governance. Three primary solutions have emerged to the problems posed by government investment: (1) personal accounts, (2) index investing, and (3) the incorporation of the Trust Fund into a government-owned private corporation as an investment vehicle for the trust fund. This article …
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996, Jennifer Allison
Jennifer Allison
This 2006 student comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2010 campaign, which, in accordance with the recommendations of the Hartz Commission, reformed Germany's legislative system of providing benefits to the long-term unemployed.
Administrative Law - Health And Human Services Department's Administrative Law Judges Must Explain Not Only Why They Credit Evidence In Determining Disability Claims For Social Security Benefits, But Also Why They Reject Evidence In Determining Such Claims, Laurie A. Kramer
Villanova Law Review
No abstract provided.
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …