Matthews v. Eldridge (1976) by HC11120303340

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									Matthews v. Eldridge (1976)
       Social Security Disability
       Basic Procedure Drill - I
   Get a form the Social Security office
   What is the illness, the work history, the doc?
   SSI orders records
   A doc at SSI at Disability Determination Service - run by
    state as contractor - makes a determination
   Sends to regional office
   Regional office pays, QA, or denies
   Ask for reconsideration
   This is all done with records
      Social Security Disability
      Basic Procedure drill - II
   At the state level, the examiner can call the patient's doc
   At the fed level, the expert is bound by the patient's doc
   Most problems arise because of poor documentation
   Applicants can submit new info and get a new evaluation
   After denial, you can ask for a hearing before ALJ
   At the hearing stage, you ask for an expedited review if
    the case is clear
   ALJ's decision is final
   At this point you can appeal to the federal courts
       Volume of Claims

   How many claims does SSA decide every year?
   How big is the disability system (SSD)?
   Why is this important background for Matthews v.
    Eldridge
   Think about what this process looks like from the
    perspective of a disabled person tying to get
    benefits, or trying to avoid having benefits
    cancelled
      Will they usually have benefit of counsel?
       Matthews v. Eldridge (1976)

   Why does SSD require periodic review of
    benefits?
   When does SSD provide a hearing?
    What if the claimant is successful at the hearing?
    How long can this take?
    Why does the Court find this is less critical than
    in Goldberg?
        What does plaintiff want?

   What data is used for making disability determinations?
   Who would be the witnesses and how is their information
    collected?
   Does the claimant's testimony matter?
   How does this change the equities of Goldberg?
   Why is the administrative decisionmaker less prone to
    make errors in this case than in Goldberg?
       Cost Benefit Analysis

   What are the Mathews factors?
     C = P x V

     Cost = Probability of increased accuracy versus

      Value of the benefit
   How would you apply these factors to Matthews?
   Does plaintiff get his pre-termination hearing?
   What about other administrative decisions?

								
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