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Full-Text Articles in Law
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.
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 …
Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.
Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.
Akron Law Review
Neuroscience is one of the fastest growing scientific fields in terms of the numbers of scientists and the knowledge being gained. In recent years, both the scope of neuroscience and the methodologies employed by neuroscientists have broadly expanded, from biochemical and genetic analysis of individual nerve cells and their molecular constituents, to the imaging of brain structure and function. Perhaps the most significant recent neuroscientific achievement is the ability of neuroimaging technologies, including functional magnetic resonance imaging (fMRI), to image brain function. Clinicians and scientists use fMRI not only to map sensory, motor, and cognitive function, but also to study …
Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz
Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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 …
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.
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.
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.
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.
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Washington and Lee Law Review
This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity." The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her protected …
Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth
Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth
Indiana Law Journal
No abstract provided.