Reported Decisions Of The Social Security Commissioners And Of The Courts On Appeal From And On Reference By The Commissioners

Author : David A. Sanders
Publisher :
ISBN 13 : 9781716552670
Total Pages : 50 pages
Book Rating : 4.5/5 (526 download)

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Download or read book Social Security Disability Appeals written by David A. Sanders and published by . This book was released on 2020-09-26 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pocket guide is a primer for judges deciding Social Security disability appeals at the district court level. It is not a comprehensive guide on the substantive law or on case management and does not attempt to provide citations from every circuit. The U.S. Code provides for federal court review of Social Security agency decisions. In practice, that review differs widely from district to district. Judges are therefore encouraged to consult the law in their circuit and their local procedural rules. Focus and Scope of District Court Review: Social Security disability cases are baffling to many judges and lawyers. Disability claimants typically initiate review by filing a civil complaint. Procedurally, a Social Security disability case is more akin to an appeal. This is because, except in limited circumstances, 42 U.S.C. § 405(g) requires the court to enter judgment upon the pleadings and transcript of the administrative record. Exactly what is before the court when a disability case is filed is worth considering. Under § 405(g), federal courts are authorized to review the final decision of the commissioner of Social Security. In most cases, the commissioner's final decision is the administrative law judge's (ALJ's) written decision. What is usually before the district court is whether the decision of the ALJ should be affirmed or should be remanded for further administrative proceedings or for an award of benefits. Federal courts review the commissioner's decision under the substantial evidence standard.1 So Social Security opinions invariably begin with an explanation of the standard.2 It is imperative for judges to remember that they are not reweighing evidence but determining whether substantial evidence supports the commissioner's opinion.