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Full-Text Articles in Social Welfare Law
Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, Patricia E. Dilley
Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, Patricia E. Dilley
Patricia E Dilley
The Obama campaign proposal to address Social Security's future financing shortfalls by increasing the Social Security tax base limit only for those making more than $250,000 per year raises the broader question of the function of the base limit from a Social Security program perspective. The public supports increasing the wage base above all other possible avenues for solving long term financing issues, but the problems with the Obama "doughnut hole" proposal are substantial from several perspectives. In this article, the author suggests that the function of the base limit be reconsidered, and the benefit accrual function of the earnings …
A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis
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 …
Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins
Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins
Mel Cousins
Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli
Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli
Michele Faioli
The core idea of this essay is that strengthening social security system is key to making the duality of labor law, as it reflects the tension between law and markets, a positive force for reconciling demands for modernization with demands for decent work. This essay sets the stage for a larger-scale comparative project on the duality of labor law which arises from the functioning of labor law in relation to the application of the principle of decency at work.