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§ 435.541 Determinations of disability.
In making determinations with respect to disability under this subchapter, the provisions of sections 421(h), 421 k), and 423(d)(5) of this title shall apply in the same manner as they apply to determinations of disability under subchapter II.
In terms of ensuring fair and accurate determinations of disability claims, the obligation that the Court of Appeals would have placed on Administrative Law Judges was a poor substitute for good-faith performance of the "duty of inquiry" they already have.
This design offers an important advantage over programs based on categorical determinations of disability that can expand in unintended ways when individuals are incentivized to change their behavior (i.e., attempt or not attempt to work) to become eligible.
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The dispute in Sullivan v. Zebley, No. 88-1377, centered on the determination of disability.
(d) The State agency will certify each determination of disability to us on forms we provide.
U.S. Disability Systems share a common procedural approach to the determination of disability for purposes of compensation.
Many, if not most, of the people who appeared before me did not have the medical evidence to warrant a determination of disability, but they were so desperate for medical coverage that they filed applications and appeals with us and with Social Security, with the slim hope that they might prevail.
The determination of disability is increasingly viewed as a lucrative medical business.
A determination of work disability leads to an award of monetary and health benefits.
As the above description shows, step four can result in a determination of no disability without inquiry into whether the claimants previous work exists in the national economy; the regulations explicitly reserve inquiry into the national economy for step five.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com