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Apr 2, 2010

Encarnacion v. Astrue

The SCOTUS Blog thinks there is a reasonable chance that the Supreme Court will grant a writ of certiorari, that is agree to hear, Encarnacion v. Astrue when the justices conference today. The question presented in Encarnacion is:
Whether, in issuing benefits to disabled children from poor families under the Supplemental Security Income program, the use of a “non-combination” policy for assessing disability in children — requiring “extreme” limitation within one of six “domains” of functioning rather than across domains — violates 42 U.S.C. § 1382c(a)(3)(G)’s instruction to consider “the combined effect of all of the individual’s impairments.”

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    Anonymous Anonymous said...

    which is why the "whole child" approach in evaluation is now the rule

    1:33 PM, April 02, 2010  
    Anonymous Anonymous said...

    No need to explain what granting cert means, when you can't spell "writ."


    3:30 PM, April 02, 2010  
    Anonymous Anonymous said...

    So, the Justices really did have fun batting James Leach around! His answers to the debtor/creditor and bankruptcy law analogies were totally good for a LOL.

    Nice to know we might all be in stitches again next term.

    3:40 PM, April 02, 2010  
    Anonymous Anonymous said...

    I don't know if it's a violation because i've not read that code but in general,any children receiving disability benefits should be held to a more stringent standard because legally,the parents are responsble for them.

    4:44 PM, April 02, 2010  

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