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Articles 1 - 21 of 21
Full-Text Articles in Disability Law
Res Judicata And Multiple Disability Applications: Fulfilling The Praiseworthy Intentions Of The Fourth And Sixth Courts, Amber Mae Otto
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 …
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
Dickinson Law Review (2017-Present)
No abstract provided.
Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe
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.
A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser
A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser
Touro Law Review
No abstract provided.
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
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
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 …
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
Michigan Law Review
Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to be …
Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye
Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono
The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono
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.
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.
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 …
Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith
Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith
Data Note Series, Institute for Community Inclusion
Supplemental Security Income (SSI) is a means-tested income-support program administered by the Social Security Administration. Eligibility is contingent upon proving that one has a limited ability to work due to disability. However, the program offers several work incentives aimed at encouraging SSI recipients to enter the workforce while maintaining their benefits. Despite the promotion of employment through Work Incentives Planning and Assistance (WIPA) and other programs, a very small percentage of SSI recipients actually work. This Data Note examines the number of SSI recipients working by state in 2010.
Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn
Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn
Research to Practice Series, Institute for Community Inclusion
This brief discusses the declining amount of reimbursement paid to public VR agencies from federal fiscal year (FFY) 2002 to FFY 2005 by considering the impact that fewer claims submitted and a rising SGA level may have on the amount of reimbursement paid.
Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore
Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore
Data Note Series, Institute for Community Inclusion
The Supplemental Security Income program (SSI) administered by the Social Security Administration provides cash assistance to low-income individuals who are seniors, blind, or have a disability.
Data Note: Ssa Work Incentives Enrollment, 1990-2004, Katherine Fichthorn, Dana Scott Gilmore
Data Note: Ssa Work Incentives Enrollment, 1990-2004, Katherine Fichthorn, Dana Scott Gilmore
Data Note Series, Institute for Community Inclusion
To encourage employment for individuals with disabilities, the Social Security Administration (SSA) offers special provisions that limit the impact of work on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. These provisions are called work incentives and include the Plan to Achieve Self-Support (PASS), Impairment-Related Work Expenses (IRWE), and Blind Work Expenses (BWE).
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
University of Michigan Journal of Law Reform
The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …
Tools For Inclusion: Making It Easier To Go To Work: What The Changes At Social Security Mean To You, David Hoff, Elena Varney, Lisa O'Connor
Tools For Inclusion: Making It Easier To Go To Work: What The Changes At Social Security Mean To You, David Hoff, Elena Varney, Lisa O'Connor
Tools for Inclusion Series, Institute for Community Inclusion
Recent changes to Social Security reduce the financial consequences of working for people who receive benefits. This publication explains the changes and how they impact people with disabilities who want to work.
Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham
Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham
Tools for Inclusion Series, Institute for Community Inclusion
This brief uses the story of one career woman to illustrate how to apply for and use a PASS (Plan for Achieving Self Support), a Social Security program that allows people receiving SSI to maintain benefits as they start working.
Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth
Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth
Tools for Inclusion Series, Institute for Community Inclusion
Information about Social Security Administration programs that can help people who receive Supplemental Security Income (SSI) to retain benefits that can support and ensure long-term employment.
Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin
Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin
Articles by Maurer Faculty
No abstract provided.