Social Security Court Idea Comes Up Again

The idea of a Social Security Court has come up again. This concept has come up again and again for at least the last 25 years. The American Bar Association Section on Administrative Law and Regulatory Practice has set up a CLE session on October 27 to discuss the idea of a Social Security Court. The lineup of speakers suggests that this concept will not be recommended by most of the speakers. Here is the announcement:

3:15pm – 5:00pm
A Social Security Court: Does the Structure of Such a Court Enhance its Justifications or its Criticisms? (1.5 hrs CLE)

This program will examine the well-known arguments for and against a proposed Article I social security court from the perspective of the form or structure of the court. This focus is new and moves the discussion from the theoretical to a realistic consideration of whether the form of the court supports the arguments for, or against, the court. For an initial frame of reference, speakers will be provided with the proposed structure advanced by ALJ Robin Arzt, with the clear understanding that this proposal is just the starting point for the discussion, and that the program does not have any position on the utility or desirability of a social security court, or this or any other format for the court. The diverse positions of the commentators on the proposal, or on the concept of a social security court itself, will provide a spirited discussion and develop new perspectives on the problem. Since the Administration is examining and implementing new ways of addressing the adjudication of social security claims, and the SSAB is on record in favor of a social security court, the program will assist administrative law practitioners as well as ALJs and government officials in considering, evaluating and responding to any formal proposal for a social security court that may be made.

Panelists:

Paul Verkuil, Professor, Cardozo School of Law, Yeshiva University, New York, NY

Hon. Robin Arzt, Administrative Law Judge, Social Security Administration, New York, NY*

Rudolph Patterson, Partner, Westmoreland, Patterson, Moseley & Hinson, LLP, Macon, GA

Hon . Jodi Levine, Administrative Law Judge, Social Security Administration, Oklahoma City, OK*

Robert Rains, Professor and Director, Disability Law Clinic, Dickinson School of Law, Pennsylvania State University, Carlisle, PA

Nancy Shor, Executive Director, National Organization of Social Security Claimants Representatives, Englewood Cliffs, NJ

Moderator:

James F. Flanagan, Professor, University of South Carolina School of Law, Columbia, SC