Alternative Approaches to Judicial Review of Social Security Disability Cases

Authors

Jeffrey Lubbers, American University Washington College of LawFollow

Document Type

Article

Publication Date

2003

Journal

Administrative Law Review

Volume

55

Abstract

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly divergent reversal rates) and in the creation of a regulatory feedback loop that would allow the SSA and its ALJs to learn why cases get reversed or remanded in the first place. The report disfavors the alternative of Article III review in a specialized federal court of appeals.

Recommended Citation

Jeffrey Lubbers, Alternative Approaches to Judicial Review of Social Security Disability Cases, 55 Administrative Law Review (2003).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1089