Delays in Social Security Appeals: Hearings Before the Subcommittee on Social Security of ..., 94-1, September 19, 26; October 3 & 20, 19751975 - 664 pages |
From inside the book
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Page 9
... Court will determine the applicability of Goldberg v . Kelly to social security disability cases and conceivably require a hearing before any termination of social security benefits . The administration in its brief before the Supreme Court ...
... Court will determine the applicability of Goldberg v . Kelly to social security disability cases and conceivably require a hearing before any termination of social security benefits . The administration in its brief before the Supreme Court ...
Page 10
... Court has held in a series of cases that the due process clause of the Constitution protects an individual from final denial of a sub- stantial benefit without opportunity for a hearing . Flemming v . Nestor , ( 1960 ) 363 U.S. 603 ...
... Court has held in a series of cases that the due process clause of the Constitution protects an individual from final denial of a sub- stantial benefit without opportunity for a hearing . Flemming v . Nestor , ( 1960 ) 363 U.S. 603 ...
Page 19
... court briefs . Social security court workload is very uneven throughout the country . More claimants seem to apply for benefits and to appeal denials with more frequency in certain parts of the country than in others . For instance of ...
... court briefs . Social security court workload is very uneven throughout the country . More claimants seem to apply for benefits and to appeal denials with more frequency in certain parts of the country than in others . For instance of ...
Page 20
... court's time . It might also be pointed out that the volume of social security disability litigation in fiscal 1973 was only twice that arising under the Federal Employers ' Liability Act ( applicable to about three - quarters of a ...
... court's time . It might also be pointed out that the volume of social security disability litigation in fiscal 1973 was only twice that arising under the Federal Employers ' Liability Act ( applicable to about three - quarters of a ...
Page 34
... Court Decisions 7 . 28 Allowed 72 % Denied 22 % Appealed 13,300 Appeals Council Decisions Allowed 14 % Denied 867 Appealed Percent of Total Allowances Level % Initial 83.9 Reconsideration 11.4 Admin . Law Judne 4.2 Appeals Council .3 ...
... Court Decisions 7 . 28 Allowed 72 % Denied 22 % Appealed 13,300 Appeals Council Decisions Allowed 14 % Denied 867 Appealed Percent of Total Allowances Level % Initial 83.9 Reconsideration 11.4 Admin . Law Judne 4.2 Appeals Council .3 ...
Common terms and phrases
action additional adjudication administrative law judges Administrative Procedure Act agency ALJ's Appeals Council appeals process application appointment assistance attorney backlog beneficiary black lung judges Bureau of Hearings BURKE CARDWELL Chairman Civil Service Commission claimant claims committee Congress continuing disability decision delay denial disability benefits disability insurance district courts due process DULLEA eligible engaging in SGA entitled evidence evidentiary hearing Federal George Eldridge Goldberg grade hearing officers hearing requests Hearings and Appeals individual initial determination involved issue legislation medical recovery ment months overpayment payments percent person present presiding officers problem qualifying experience question received recipient reconsideration record recoupment regulatory remand responsibility Secretary Social Security Act Social Security Administration Social Security disability SSI hearing examiners SSI program Staff Report standards statement statute STEIGER subcommittee submit Supplemental Security Income supra termination tion title XVI trial work period welfare worker
Popular passages
Page 222 - Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such crossexamination as may be required for a full and true disclosure of the facts.
Page 84 - This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing...
Page 84 - A copy of such petition shall be forthwith served upon any member of the Commission, and thereupon the Commission shall certify and file in the court a transcript of the record upon which the order complained of was entered.
Page 125 - ... termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits.
Page 200 - ... agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (5) "rule making...
Page 116 - an individual ... shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work, but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy...
Page 626 - Affairs on any question of law or fact concerning a claim for benefits or payments under this or any other Act administered by the Veterans' Administration shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decisions.
Page 308 - For purposes of subparagraph (A), an individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of subHi IMÁN RESOURCES, ETC. NC 381 , 283 SE2d 377 stantial gainful work which exists in the national economy...
Page 326 - Cafeteria Workers v. McElroy, 367 US 886, 894 (1961). That case explained that "[t]he very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation...
Page 598 - A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety or because in practice it results in some inequality.