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Articles 1 - 14 of 14
Full-Text Articles in Social Welfare Law
The Impact Of Social Security Of Dependents And Financing Of Post-Secondary Education Of Dependents On Support Obligations In Particularly California Divorces After The Tax Cuts And Jobs Act Of 2017, John R. Dorocak
Marquette Benefits and Social Welfare Law Review
The 2017 Tax Cuts and Jobs Act made alimony in divorce decrees and separation agreements entered into after December 31, 2018, neither deductible by the payor nor income to the payee for federal income tax purposes. Likely, that change in the tax law will result in less income to payees in a divorce and higher taxes for payors. In California, support in divorces is basically calculated by the software program Dissomaster. With payors facing higher taxes, such payors may look for possible sources of additional income for paying support. Payors may receive a credit in California against the support obligation …
Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz
Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz
Pace Law Review
This Article addresses a relatively narrow but consequential problem in the system: the inadequacy of federal judicial resolution of appeals from the denial of Social Security disability benefits. It addresses the problem with an equally narrow, and hopefully equally consequential, solution: granting a published district court decision in such a case the power of binding precedent with respect to the judicial district in which the opinion is issued. In so doing, greater uniformity, consistency, fairness, and efficiency would be brought to a process that is badly in need of all.
The Article proceeds in five parts. Part I provides some …
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.
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 …
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.
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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.
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.
Crawford V. Gould: Federal Statute Gives Financial Boon To State Institutionalized Psychiatric Patients, Paul Webb
Golden Gate University Law Review
In Crawford v. Gould, the Ninth Circuit held that the State of California may not take Social Security benefits from a recipient without his or her consent. The court found that federal law preempted California's procedure of applying the Social Security benefits of unconsenting institutionalized patients to the cost of their care. With this decision, the Ninth Circuit ruled California's procedure invalid.
Social Security: The Broader Issues, C. Eugene Steuerle
Social Security: The Broader Issues, C. Eugene Steuerle
Washington and Lee Law Review
No abstract provided.
Social Security: Can The Promise Be Kept? An Introduction, Maureen B. Cavanaugh
Social Security: Can The Promise Be Kept? An Introduction, Maureen B. Cavanaugh
Washington and Lee Law Review
No abstract provided.
Social Security Reform Issues, Craig Copeland
Social Security Reform Issues, Craig Copeland
Washington and Lee Law Review
No abstract provided.
The Goals Of Social Security Reform, Edward M. Gramlich
The Goals Of Social Security Reform, Edward M. Gramlich
Washington and Lee Law Review
No abstract provided.
Administrative Law - Health And Human Services Department's Administrative Law Judges Must Explain Not Only Why They Credit Evidence In Determining Disability Claims For Social Security Benefits, But Also Why They Reject Evidence In Determining Such Claims, Laurie A. Kramer
Villanova Law Review
No abstract provided.