| Judicial Review of Social Security Administration Action |
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| Aggrieved parties may seek judicial review of final Social Security Administration (SSA) decisions by filing a civil action in federal court. Generally, aggrieved parties must first exhaust their administrative remedies prior to initiating an action for judicial review. In juxtaposition to the administrative exhaustion rule, aggrieved parties may file a mandamus action to compel the performance of a duty owed by the SSA. The appropriateness of mandamus relief is based on considerations of 1) whether the party has any other adequate way to obtain the necessary relief, 2) whether the SSA has a clear duty to act as requested, and 3) whether the party is entitled to have the SSA so act. More... |
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| Correlation Between Workers' Compensation and Social Security Disability Benefits |
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| Workers' compensation and social security disability insurance (SSDI) benefits both aim to help disabled individuals by providing funds for income replacement. Though similar in purpose, the programs diverge in their criteria for the receipt of benefits. Eligibility for workers' compensation benefits requires that the individual be an employee who was injured on the job. In contrast, SSDI benefits are only issued to those individuals who are so severely disabled by a medically determinable impairment that they cannot engage in any substantial gainful activity. Additionally, to be declared eligible for SSDI benefits, an individual must have worked long enough to be "insured" and must not have reached a certain age. More... |
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| Employer Misconduct |
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| Exclusivity Rule More... |
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| Workers' Compensation Medical Benefits as "Property" |
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| The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides that a person shall not be deprived of his property without due process of law. The issue of whether workers' compensation medical benefits are "property" under the Fourteenth Amendment was addressed by the United Supreme Court, which held that such determination hinged on the individual's entitlement to such benefits. More... |
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| Supplemental Security Income and Homeless Individuals |
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| The "homeless" status of an individual does not affect his eligibility for Supplemental Security Income (SSI) benefits. Homeless individuals have the same right to apply for SSI benefits as anyone else. To obtain his benefits, a homeless individual may pick up his payments at a local Social Security office, have the payments mailed to a third party, have the funds automatically deposited into a personal bank account, or have the payments sent to a representative payee who will act in the individual's best interests. More... |
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