100%(2)2 out of 2 people found this document helpful
This preview shows page 38 - 40 out of 41 pages.
Socialized Compensation(Nota Private Insurance Scheme) 953-966, 978-980a.Social Security Disability Benefitsi.Procedure1.Administrative Law Judge hears your case2.Secretary of HHS reviews ALJ decisions 3.If you’re still unhappy, you can appeal to a federal district court, which will review the Agency’s determinationii.Substance1.Prima Facie Casefor Disability Benefits: only need to show that you are unable to perform your previous work (McLain v. Schweiker)2.Burden of Proof Shifts to Agency: the Secretary has the burden of showing that the victim could perform an alternative job that exists in significant numbers in the national economy3.Subjective Standard: the alternative job must be one that someone with the victim’s residual functional capacity, age, education, and employment experience could doa.Important, victims have a right to a Particularized Hearingas to whether they could perform an alternate job (see, McClain v. Schweiker, generalized determination about what people likethe P can do not enough/ must be dealing with the specificP)iii.Don’t get the benefits if jobs exist in the “National Economy” regardless of whether:1.such work exists in the immediate area in which victim lives, or2.a specific job vacancy actually exists, or3.the victim would even be hired if he applied4.must be available in more than just one region 5.Justification: This is a Disabilityprogram, notan unemployment programa.If there are alternate jobs in the national economy (in theory), you are not disabled even if you couldn’t actually get one of those jobsb.Gov. is trying to figure out how disabled you are and not trying to make sure that you have a job.
39c.This is a way to define disability, gov does not care if you can get to the job but whether you are too disabled to do any job iv.ALJ is allowed to use Gridsto determine disability (See, Heckler v.Campbell)1.Grid: a.promulgated as regulations that were subject to citizen comment and judicial review b.made as rule with force of law c.a chart that says when people are disabled or not 2.The particularized hearing rule (Id. McClain)does not preclude the agency from using grid. (See, Heckler v. Campbell, where the agency determination upheld although it failed to give a particularized hearing)3.No need for a particularized hearing regarding the generic question of whether jobs exist in the national economy4.Can’t argue that the grid (rule) is wrong, only that you are in the wrong box.v.Justification for Grids1.Provides consistency/uniformity: eliminates lottery problem that plagues the traditional tort system2.Saves resources by not relitigating the same issues3.There are millions of claims a year, and the grids reduce the time and cost of each hearing (efficient)4.The process of creating the rule was the generic “hearing” about the adequacy and accuracy of grids vi.Criticisms of Grids1.The grids might be wrong or out of date2.The victim can’t rebut the grid is he thinks it’s wrong3.Bureaucracy (all compensation like this is necessarily) is an