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In the United States, Social Security is the commonly used term for the federal Old-Age, Survivors, and Disability Insurance (OASDI) program and is administered by the Social Security Administration (SSA). The original Social Security Act was enacted in 1935, and the current version of the Act, as amended, encompasses several social welfare and social insurance programs.
Supplemental Security Income (SSI) is a means-tested program that provides cash payments to disabled children, disabled adults, and individuals aged 65 or older who are citizens or nationals of the United States. SSI was created by the Social Security Amendments of 1972 and is incorporated in Title 16 of the Social Security Act. The program is administered by the Social Security Administration (SSA) and began operations in 1974.
The United States Social Security Administration (SSA) is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability and survivor benefits. To qualify for most of these benefits, most workers pay Social Security taxes on their earnings; the claimant's benefits are based on the wage earner's contributions. Otherwise benefits such as Supplemental Security Income (SSI) are given based on need.
The Texas Department of Assistive and Rehabilitative Services (DARS) was a Texas state agency that was part of the Texas Health and Human Services Commission. The agency worked with Texans with disabilities and children with developmental delays to improve the quality of their lives and to enable their full participation in society.
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand [a] cause [sic] and ... require such further proceedings to be had as may be just under the circumstances." This includes the power to make summary "grant, vacate and remand" (GVR) orders.
Francis M. Jackson is an American veterans law and personal injury attorney who is also an authority on Social Security disability. He has practiced law since 1977 and is a founding partner in the law firm of Jackson & MacNichol.
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the Administrative Appeals Tribunal Act 1975 and started operation in 1976.
The Dictionary of Occupational Titles or D-O-T (DOT) refers to a publication produced by the United States Department of Labor which helped employers, government officials, and workforce development professionals to define over 13,000 different types of work, from 1938 to the late 1990s. The DOT was created by job analysts who visited thousands of US worksites to observe and record the various types of work, and what was involved. Innovative at the time, the DOT included information still used today in settling EEO and Workers Comp claims, like the physical abilities required to perform that occupation, and the time and repetitiveness of those physical actions.
The Selected Characteristics of Occupations (SCO) is a companion volume to the U.S. Department of Labor's Dictionary of Occupational Titles, Revised Fourth Edition, published in 1991. These volumes were intended to provide a detailed representation of thousands of individual occupations in the United States, for the purpose of occupational information, occupational exploration, and job placement.
The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law 94-142 was enacted by the United States Congress in 1975. This act required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate children with disabilities and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students. The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966.
Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide monthly benefits to people who have a medically determinable disability that restricts their ability to be employed. SSDI does not provide partial or temporary benefits but rather pays only full benefits and only pays benefits in cases in which the disability is "expected to last at least one year or result in death." Relative to disability programs in other countries in the Organisation for Economic Co-operation and Development (OECD), the SSDI program in the United States has strict requirements regarding eligibility.
Richardson v. Perales, 402 U.S. 389 (1971), was a case heard by the United States Supreme Court to determine and delineate several questions concerning administrative procedure in Social Security disability cases. Among the questions considered was the propriety of using physicians' written reports generated from medical examinations of a disability claimant, and whether these could constitute "substantial evidence" supportive of finding nondisability under the Social Security Act.
Heckler v. Campbell, 461 U.S. 458 (1983), is a United States Supreme Court case concerning whether the United States Secretary of Health and Human Services could rely on published medical-vocational guidelines to determine a claimant’s right to Social Security benefits.
Michael James Astrue is an American lawyer and, under the pen name A. M. Juster, a poet and critic. He served as Commissioner of the Social Security Administration from 2007 to 2013. Astrue was Poetry Editor of First Things from 2018 to 2020, and became Poetry Editor of Plough Quarterly in 2020.
The United States Social Security Administration's Ticket to Work and Self-Sufficiency Program is the centerpiece of the Ticket to Work and Work Incentives Improvement Act of 1999.
Sullivan v. Zebley, 493 U.S. 521 (1990), was a landmark decision by the United States Supreme Court involving the determination of childhood Social Security Disability benefits. In the decision, the Supreme Court ruled that substantial parts of the Supplemental Security Income program's regulation on determining disability for children were inconsistent with the Social Security Act, particularly the statutory standard of "comparable severity". The suit highlighted what some felt was the need for a step in the evaluation of childhood disability claims that would be akin to the functional evaluation considered in many adult claims. It resulted in the addition of a consideration of functioning, and not merely medical severity, in children's SSI claims. The decision was rendered on February 20, 1990.
The Social Security Disability Benefits Reform Act of 1984 was signed into law by then-U.S. President Ronald Reagan on 9 October 1984. Its purpose was to ensure more accurate, consistent and uniform disability determination decisions under the Social Security Disability Insurance (SSDI) program, and to ensure that applicants were treated fairly and humanely. It has been described as "one of the key pieces of social welfare legislation" enacted toward the end of Reagan's first term in office.
The Disability Rights Education and Defense Fund (DREDF), located in Berkeley, California, and Washington, DC, USA is a national cross-disability civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. Founded in 1979, DREDF advances the civil and human rights of people with disabilities through legal advocacy, training, education, and public policy and legislative development. The Berkeley office is located in the Ed Roberts Campus.
References
- "HALLEX Hearings, Appeals, and Litigation Law Manual". Social Security Administration. Retrieved March 12, 2019.