Social Security Disability Law and the American Labor Market

Jon C. Dubin

• Publisher: NYU Press
• Year: 2021
• Print ISBN:
  9781479811014
• eBook ISBN:
  9781479811021
• Topic: Law
• Subtopic: Labour & Employment Law
• Index: Law

How social security disability law is out of touch with the contemporary American labor market

Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined.

In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be "mended, not ended."

Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program's framework is sufficiently broad and enduring to remain relevant and faithful to the Act's congressional beneficent purposes and aspirations.

Table of contents

• Cover
• Half Title
• Title Page
• Copyright
• Contents
• Introduction
• Part One: The History and Evolution of Labor Market Considerations in the Social Security Disability Benefits Programs
• Part Two: Labor Market Work Adjustment Assessments and the Social Security Administration’s Basic Adjudicative System
• Part Three: The Conceptual and Adjudicative Structure of the Grid Regulations
• Part Four: The Empirical and Taxonomic Foundation for Labor Market Work Adjustment Assessments
• Part Five: Alternatives to the Current SSA Disability System, the Twenty-First Century Low-Skill Labor Market, and the Contemporary Call for Disability Benefits Reform
• Conclusion
• Acknowledgments
• Notes
• Index
• About the Author