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Social Welfare Law

Selected Works

Articles 1 - 9 of 9

Full-Text Articles in Disability Law

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein May 2019

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

Laura Rothstein

No abstract provided.

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A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis Sep 2015

A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis

Dara Purvis

Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women …

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Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins Dec 2014

Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins

Mel Cousins

This case note examines the recent judgment of the European Court of Human Rights in Béláné Nagy v. Hungary as an interesting example of the approach which the Court is taking to the termination (or reduction) of rights to social security benefits under Article 1 Protocol 1 (P1-1) of the European Convention on Human Rights (ECHR). In this case, although the applicant had lost her rights to a disability pension in 2010, the Court held that she had a continuing legitimate expectation to disability care. It further held that the fact that she did not qualify for a pension in …

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Punitive Injunctions, Nirej S. Sekhon Oct 2014

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.

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Mobility Allowance And The Law, Mel Cousins Feb 2013

Mobility Allowance And The Law, Mel Cousins

Mel Cousins

The Irish government has recently announced the abolition of the mobility allowance and motorised transport grant. It appears that this decision was heavily influenced by the Government’s view that ‘the schemes are illegal in the context of the Equal Status Acts’. Although the reform options considered and legal advice received have not been specified, the impression has been created that reform would be very complex and that it would be impossible to reform the existing scheme to make it legally compliant without a major increase in its budget. This note discuses the legal issues concerning the operation of the mobility …

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Socialtjänst Och E-Förvaltning. E-Tjänster För Äldre Och Personer Med Funktionshinder, Titti Mattsson Dec 2010

Socialtjänst Och E-Förvaltning. E-Tjänster För Äldre Och Personer Med Funktionshinder, Titti Mattsson

Titti Mattsson

No abstract provided.

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Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson Dec 2009

Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson

Titti Mattsson

No abstract provided.

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Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt Dec 2007

Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt

Titti Mattsson

In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.

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Alternative Approaches To Judicial Review Of Social Security Disability Cases, A Report To The Board, March 2002, Jeffrey Lubbers, Paul R. Verkuil Feb 2002

Alternative Approaches To Judicial Review Of Social Security Disability Cases, A Report To The Board, March 2002, Jeffrey Lubbers, Paul R. Verkuil

Jeffrey Lubbers

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

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