Social Security Disability Reviews: The Role of the Administrative Law Judge : Hearing Before the Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, United States Senate, Ninety-eighth Congress, First Session, June 8, 1983U.S. Government Printing Office, 1983 - 470 страници |
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acquiesce action adjudication administrative law judges Administrative Procedure Act agency ALJ allowance ALJ decisions ALJ's ALJIC allowance decisions Appeals Council apply Associate Commissioner average basis Bellmon Amendment Bellmon review Carl Levin Chief Administrative Law Circuit claimant claims collateral estoppel Committee Congress court decisions Court of Appeals criteria decisional denial decisions denied determination disability program disposition rate district court evaluation evidence Federal filed Finnegan grandfather clause hearing examiners hearing offices Hearings and Appeals high-allowance Human Services impairment increase independence individual ALJs initial issue Judge Friedes judicial medical improvement memorandum month MSPB nonacquiescence Office of Hearings Patti percent performance plaintiffs POMS pressure problems production quota RCALJ reconsideration regulations remand request reversal rate Schweiker Secretary Senator COHEN Senator LEVIN Social Security Administration Social Security disability Social Security Rulings SSA's staff attorney standards stare decisis Subcommittee Supplemental Security Income Supreme Court terminated
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Страница 88 - ... shall be assigned to cases in rotation so far as practicable and shall perform no duties inconsistent with their duties and responsibilities as examiners.
Страница 414 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Страница 282 - Except for purposes of section 202(d), 202(e), 202(f), 223, and 225, the term "disability" means (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months...
Страница 49 - There can be little doubt that the role of the modern federal hearing examiner or administrative law judge within this framework is 'functionally comparable' to that of a judge. His powers are often, if not generally, comparable to those of a trial judge: He may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions.
Страница 88 - Examiners shall be removable by the agency in which they are employed only for good cause established and determined by the' Civil Service Commission (hereinafter called the Commission) after opportunity for hearing and upon the record thereof. Examiners shall receive compensation prescribed by the Commission independently of agency recommendations or ratings...
Страница 375 - With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations.
Страница 88 - Hearing examiners appointed under section 3105 of this title are entitled to pay prescribed by the Civil Service Commission independently of agency recommendations or ratings and in accordance with subchapter III of this chapter and chapter 51 of this title.
Страница 281 - Because the relation of remedy to policy is peculiarly a matter for administrative competence, courts must not enter the allowable area of the Board's discretion and must guard against the danger of sliding unconsciously from the narrow confines of law into the more spacious domain of policy.
Страница 149 - The Honorable Carl Levin Chairman, Subcommittee on Oversight of Government Management Committee on Governmental Affairs United States Senate Dear Mr.
Страница 71 - So if a law be in opposition to the constitution; if both the law and the constitution apply to a...