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Social Security Disability Law and the American Labor Market

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Release : 2021-09-21
Genre : Law
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Book Rating : 025/5 ( reviews)

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Book Synopsis Social Security Disability Law and the American Labor Market by : Jon C. Dubin

Download or read book Social Security Disability Law and the American Labor Market written by Jon C. Dubin. This book was released on 2021-09-21. Available in PDF, EPUB and Kindle. Book excerpt: How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.

The Labor Market Side of Disability-Benefits Policy and Law

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Release : 2011
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Book Synopsis The Labor Market Side of Disability-Benefits Policy and Law by : Jon C. Dubin

Download or read book The Labor Market Side of Disability-Benefits Policy and Law written by Jon C. Dubin. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: While most scholarship about the Social Security Administration's ("SSA") disability benefits programs and policy focuses on issues of medical eligibility or the programs' financing, this article analyzes the history, evolution, empirical vulnerabilities and current public policy issues generated from the much less examined labor market side of substantive disability benefits law and policy. Disability denotes a frame of reference - disability from work. Thus, the disability benefits programs have always evaluated eligibility with reference to the impact of a claimant's medical impairment on the ability to perform work in the American labor market. The primary administrative mechanism for ascertaining the availability of less demanding work to which disability claimants might adjust is an innovative medical-vocational matrix or "grid" regulation that takes administrative notice of job characteristics, job incidence, and adaptation assumptions based on the U.S. Department of Labor's ("DOL") first occupational taxonomy, the Dictionary of Occupational Titles ("DOT") and other government surveys. However, the empirical data about the labor market upon which the grid regulation was based is nearly half a century old and dependent upon an occupational taxonomy (the DOT) that was discontinued twenty years ago. In addition, changes in disability policy and social welfare policy from the Americans with Disability Act ("ADA") of 1990 and the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA") of 1996 that emphasize work over benefit receipt have provided impetus to reconceptualize disability benefits eligibility. Because of the complexity of the disability benefit programs' existing labor market adjudicative process, the empirical vulnerabilities in the present system and the public policy currents from the ADA and PRWORA, a variety of alternatives has been suggested for altering or modifying the present system for adjudicating labor market work adjustment issues. This article evaluates those alternatives and concludes that the SSA should employ a "mend it don't end it" approach to the adjudication of labor market considerations in the disability benefits programs. It argues that the suggested alternatives to the present system are either fundamentally misguided or politically unpalatable. It urges acceptance of the National Research Council's recommendation from a report issued in March 2010 for the DOL and SSA to collaborate on completion of an up-to-date and methodologically appropriate labor market taxonomy to support an updated grid's empirical bases for continued use. It further advocates for institutionalizing at least decennial revision of the underlying labor market data and taxonomy to enhance the grid's temporal reliability on a continuing basis. Finally, it eschews usage of a grid updating or revision process as an opportunity to tighten or restrict benefit eligibility in light of the consequences of wrongful disability benefit denial in a post-welfare reform reality of substantially restricted safety net alternatives and in a depressed and constricted economy for characteristically low-skilled, disability benefit claimants.

Disability and the Labor Market

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Author :
Release : 1989
Genre : Law
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Book Synopsis Disability and the Labor Market by : Monroe Berkowitz

Download or read book Disability and the Labor Market written by Monroe Berkowitz. This book was released on 1989. Available in PDF, EPUB and Kindle. Book excerpt:

Disability, Work, and Cash Benefits

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Release : 1996
Genre : Business & Economics
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Book Synopsis Disability, Work, and Cash Benefits by : Jerry L. Mashaw

Download or read book Disability, Work, and Cash Benefits written by Jerry L. Mashaw. This book was released on 1996. Available in PDF, EPUB and Kindle. Book excerpt: Reviews the US Social Security disability programme, with a view to determining whether rehabilitation and work could be incorporated in the income programme without greatly expanding costs or weakening the right to benefit for disabled persons.

Social Security

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Author :
Release : 2008
Genre : Political Science
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Book Synopsis Social Security by : Larry W. DeWitt

Download or read book Social Security written by Larry W. DeWitt. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: A Documentary History tells the story of the creation and development of the U.S. Social Security program through primary source documents, from its antecendents and founding in 1935, to the controversial issues of the present. This unique reference presents the complex history of Social Security in an accessible volume that highlights the program's major moments and events.

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