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Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann May 2024

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 …


Res Judicata And Multiple Disability Applications: Fulfilling The Praiseworthy Intentions Of The Fourth And Sixth Courts, Amber Mae Otto Mar 2024

Res Judicata And Multiple Disability Applications: Fulfilling The Praiseworthy Intentions Of The Fourth And Sixth Courts, Amber Mae Otto

Vanderbilt Law Review

In the United States, the application process to receive disability benefits through the Social Security Administration is often a tedious, multistep procedure. The process becomes even more complex if a claimant has filed multiple disability applications covering different time periods. In that circumstance, the question arises as to whether an administrative law judge hearing a claimant’s second application must make the same findings as the administrative law judge who heard the first application. In other words, how should res judicata function in the administrative law context when a claimant has filed for disability multiple times? Currently, circuits differ on this …