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- Individuals with Disabilities Education Act (26)
- IDEA (23)
- Special education (15)
- Social security (12)
- Disability (10)
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- Social Security Administration (9)
- Administrative law (7)
- Disability insurance (7)
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- Free appropriate public education (7)
- Americans with Disabilities Act (6)
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Articles 31 - 60 of 60
Full-Text Articles in Disability Law
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.
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow
Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Vocational Testimony In Social Security Hearings, Daniel F. Solomon
Vocational Testimony In Social Security Hearings, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Book Reviews, David J. Agatstein
Book Reviews, 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.
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
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.
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber
Journal of the National Association of Administrative Law Judiciary
Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …
The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix
The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld
It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.
Journal of the National Association of Administrative Law Judiciary
Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the ‘zero-reject‘ principle underlying the Individuals with Disabilities Education Act and concludes …
California Hearing Officer Decisions, Ruth Colker
California Hearing Officer Decisions, Ruth Colker
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp
School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp
Journal of the National Association of Administrative Law Judiciary
This article highlights the myriad forces that impede the realization of the IDEA's goals. Part II gives an overview of the history of special education and the special education process under the IDEA, particularly as it relates to the cooperative development of an individualized education program (IEP) for a disabled child. Part III examines features of the special education process that operate to the systematic detriment of parents, particularly low-income parents, and prevent them from securing an “appropriate education” for their children. What Part III does is assemble these critiques and add one that has not received attention: the ability …
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.
Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel
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.
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur
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.
The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe
The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
The Social Security Administration (SSA) is wading in waters knee deep and fast rising when it comes to what is described in repeated news stories as a rising tide of backlogged Social Security disability appeals. A change in the essential jurisprudence underlying hearings afforded to those appealing an administrative denial of Social Security disability benefits is necessary to remedy the single most pressing issue in the hearings and appeals process - the hue and cry over the pending backlog of such cases.
Considering Innovative Alternatives To Handling Cases Of Adults With Special Conditions Under The Social Security Act , Sarah Robichaud
Considering Innovative Alternatives To Handling Cases Of Adults With Special Conditions Under The Social Security Act , Sarah Robichaud
Journal of the National Association of Administrative Law Judiciary
Title II and Title XVI of the Social Security Act provide critical support to individuals with disabilities. However, until recently, the way that the Social Security Administration processed medical information to make disability determinations had not changed in any fundamental way since the inception of the Act. The disability determination process is logical for many frequently handled, well-known conditions, yet there are a significant number of cases regarding special conditions that are not as well-known or as frequently considered by the Office of Disability Adjudication and Review, which administers hearings and appeals for the Social Security Administration. The Social Security …
Delineating Administrative Exhaustion Requirements And Establishing Federal Courts' Jurisdiction Under The Individuals With Disabilities Education Act: Lessons From The Case Law And Proposals For Congressional Action , Lewis M. Wasserman
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA), enacted through Congress's Spending Clause Power, is the principal federal statute aimed at insuring that children with disabilities receive a Free Appropriate Public Education (FAPE) in the nation's public schools. The Act has spawned a substantial and growing body of litigation between parents and local and state educational agencies in federal and state courts during the last decade. During this period nearly 20%-21% of these cases have addressed the issue of exhaustion of IDEA's administrative remedies, and the related concern about federal courts' jurisdiction, when the law's exhaustion requirements have not been satisfied. …
Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen, Michael Boyd
Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen, Michael Boyd
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
Journal of the National Association of Administrative Law Judiciary
Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).