Aspects of Disability Decision Making: Data and Materials

C. Chronology of Significant Disability Related Judicial, Legislative, andAgency ActionsFollowing is a chronology of major court cases, legislation, and agency actions (including regulationsand agency rulings) that have affected the way Social Security Disability Insurance (SSDI) and SupplementalSecurity Income (SSI) determinations are made. More extensive information is available at SSA’s websiteon its “History” page (http://www.socialsecurity.gov/history).1950 The Social Security Act Amendments of 1950 (Public Law 81-734) provided for Federal financial assistanceto States for programs designed for “aid to the permanently and totally disabled” in theform of “money payments to, or medical care on behalf of, or any type of remedial care recognizedunder State law in behalf of” needy disabled adults.1954 The Social Security Amendments of 1954 (P.L. 83-761) included a provision designed to prevent theerosion of retirement and survivors benefits as a result of a worker having a period of disability.This “disability freeze” excluded from the computation of retirement benefits any time when aworker was disabled.1956 The Social Security Amendments of 1956 (P.L. 84-880) provided for Social Security Disability Insurance(DI) benefits for workers between the ages of 50 and 65 who were found to be unable toengage in substantial gainful activity due to a medically determinable physical or mental impairmentwhich is expected to result in death or which is of long-continued and indefinite duration.They also established benefits for disabled dependent children of a retired or deceased worker.1958 The Social Security Amendments of 1958 (P.L. 85-840) established benefits for the dependents ofdisabled workers1960 The Social Security Amendments of 1960 (P.L. 86-778) extended disability benefits to workers underage 50, eliminated the waiting period for disabled workers who were prior SSDI beneficiaries, orhad a previously disabling condition in the five years prior to onset of current disability.In Kerner v. Flemming, 283 F.2d 916 (2 nd Cir. 1960), the Second Circuit Court of Appeals held thatwhen a claimant had shown that he could not do his past work, the burden of proof shifted to thegovernment to show what the claimant could do and what employment opportunities there werefor someone who was limited in the same way as the applicant.1963 In Hayes v. Celebrezze, 311 F.2d 648 (5 th Cir. 1963), the Fifth Circuit Court of Appeals held thatthe government must consider pain when making disability decisions, even though the cause ofthe pain could not be demonstrated by objective clinical and laboratory findings. By 1967, severalother circuit courts of appeals had issued similar holdings.1965 The Social Security Amendments of 1965 (P.L. 89-97) changed the statutory disability durationrequirement from “long-continued and indefinite duration” to “has lasted or can be expected tolast for a continuous period of not less than 12 months.” These amendments also changed thedefinition of disability for the blind over age 55, adopting a standard based on the inability toengage in work requiring skills comparable to those of past occupations.Appeals courts in two circuits held that, when denying disability on the basis that a claimant hasthe ability to do other work (that is, work other than his or her past job), the government mustshow that jobs are available in the claimant’s area.Aspects of Disability Decision Making: Data and Materials 89