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Social Welfare Law Commons

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Full-Text Articles in Social Welfare Law

Untangling "Operation Common Sense": Reopening And Review Of Social Security Administration Disability Claims, Elizabeth S. Ferguson Jun 1989

Untangling "Operation Common Sense": Reopening And Review Of Social Security Administration Disability Claims, Elizabeth S. Ferguson

Michigan Law Review

Part I of the Note outlines how the SSA processes a disability claim and illustrates the ambiguity in the language of the reopening regulations that has caused the split in the courts. Part II examines the four interpretations of the reopening regulations created by courts. Part II begins with the Secretary's interpretation and concludes that this interpretation is plainly inconsistent with the language of the regulations. Thus, courts need not defer, as they normally would, to an agency's interpretation of its own regulation. This Part next examines the alternative interpretations of these regulations advanced by various courts, and describes how …


Welfare Law: The Problem Of Terminology, Peter W. Martin Jan 1975

Welfare Law: The Problem Of Terminology, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.