Socialized Compensation Not a Private Insurance Scheme 953 966 978 980 a Social

Socialized compensation not a private insurance

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Socialized Compensation ( Not a Private Insurance Scheme) 953-966, 978- 980 a. Social Security Disability Benefits i. Procedure 1. Administrative Law Judge hears your case 2. 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 determination ii. Substance 1. Prima Facie Case for 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 economy 3. Subjective Standard : the alternative job must be one that someone with the victim’s residual functional capacity, age, education, and employment experience could do a. Important, victims have a right to a Particularized Hearing as to whether they could perform an alternate job (see, McClain v. Schweiker , generalized determination about what people like the P can do not enough/ must be dealing with the specific P) 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, or 2. a specific job vacancy actually exists, or 3. the victim would even be hired if he applied 4. must be available in more than just one region 5. Justification : This is a Disability program, not an unemployment program a. 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 jobs b. Gov. is trying to figure out how disabled you are and not trying to make sure that you have a job.
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39 c. 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 Grids to 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 economy 4. Can’t argue that the grid (rule) is wrong, only that you are in the wrong box. v. Justification for Grids 1. Provides consistency/uniformity: eliminates lottery problem that plagues the traditional tort system 2. Saves resources by not relitigating the same issues 3. 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 Grids 1. The grids might be wrong or out of date 2. The victim can’t rebut the grid is he thinks it’s wrong 3. Bureaucracy (all compensation like this is necessarily) is an
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