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Disability Law Commons

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Full-Text Articles in Disability Law

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 …


A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray Jan 2015

A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray

Articles in Law Reviews & Other Academic Journals

This Article for the special issue on the Administrative Conference of the United States ("ACUS") focuses on how a collaboration between ACUS and the Social Security Administration ("SSA") has helped SSA use data analysis to bring about significant improvements in the quality and consistency of disability case review. SSA's efforts to closely analyze numerous data points in the disability adjudication process (encouraged by ACUS recommendations) have produced information that has led to breakthroughs in how training is provided and feedback is given to Administrative Law Judges and other key staff, which has in turn led to improved productivity and accuracy …


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 …