Social Security Disability Determinations: Recommendations for Reform

A study of the determination process for Social Security disability claims is presented because it is a logical candidate for reform. The Social Security system is examined in general terms, with particular attention paid to the structure and process for reviewing disability determinations. After reviewing the history of the crisis generated by the Social Security caseload, conclusions are drawn regarding the need for reform and the shape it should take. Four specific recommendations are presented: 1. Judicial review of disability determinations should be vested exclusively in the US Court of Appeals for the Federal Circuit and should limit review to legal questions and constitutional issues. 2. An independent Court of Disability Appeals should be created to conduct final administrative review. 3. Administrative law judges adjudicating disability cases should be placed in an independent corps. 4. Efforts to improve disability determinations at the initial state level should be continued.