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.”


Anonymous said...

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

Anonymous said...

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


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.

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.