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Administrative Law Commons

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Articles 1 - 14 of 14

Full-Text Articles in Administrative Law

Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe Mar 2018

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 Jun 2016

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 Jun 2016

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 Apr 2013

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. Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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.