Aspects of Disability Decision Making: Data and Materials

1967 The Social Security Amendments of 1967 (P.L. 90-248) made two important changes to the definitionof disability in response to a series of court decisions that reversed agency denial of disabilityclaims involving consideration of pain and the availability of jobs. The new definition made clearthat:■■an individual’s disability must be one “that results from anatomical, physiological or psychologicalabnormalities which are demonstrable by medically acceptable clinical and laboratorydiagnostic findings,” and■■to be found disabled, an individual must be unable to do any kind of substantial gainful workthat exists in the national economy, without regard to whether a specific job vacancy exists orwhether the individual would be hired if he/she applied for work.1968 Following passage of the Freedom of Information Act in 1966, SSA published the Listing of Impairments(“the Listings”) in its regulations (33 FR 11749 (August 20, 1968)). Previously, the Listings,which described medical conditions that that met SSA’s disability standard, had existed onlyin internal agency operating manuals, and were not available to the public.1971 In Richardson v. Perales, 402 U.S. 389 (1971), the U.S. Supreme Court held that a written report ofa physician who was not the claimant’s own doctor, but who had provided a report on a consultativebasis (i.e., a consultative examination) could constitute substantial evidence to support adecision adverse to the claimant.1972 The Social Security Amendments of 1972 (P.L. 92-603) replaced most Federally-aided State programsof assistance to the aged, blind and disabled with the Supplemental Security Income (SSI)program, which would be administered by the Social Security Administration. Disability benefitswere provided not only for adults, but also for children with impairments of “comparable severity.”When implemented in 1974, the new law required SSA to perform disability evaluations fora significantly different demographic population, including adults with limited work histories aswell as children. These amendments also reduced the waiting period for disability insurance benefitsfrom six months to five, and provided Medicare coverage for disabled SSDI recipients aftertwenty four months of benefits.1975 In Cardinale v. Mathews, 399 F.Supp. 1163 (D.D.C.1975), the District Court for the District ofColumbia held that the government’s procedures for reducing or terminating SSI benefits did notproperly apply the principles of the Supreme Court’s Goldberg v. Kelly decision of 1970. In Goldbergv. Kelly, 397 U.S. 254 (1970), the Supreme Court held that due process required that publicassistance recipients have an opportunity for an evidentiary hearing before termination of theirbenefits. The SSI procedures did not require advance notice or offer a hearing in certain circumstancesand the District Court found that those procedures violated the constitutional requirementfor due process. SSA published regulations in 1978 (43 FR 18170 (April 28, 1978)) implementinga wide range of due process protections for SSI recipients, including advance notice andpayment continuation rights. (In 1976, the Supreme Court, in Mathews v. Eldridge, 424 U.S. 319(1976), held that Goldberg standards did not apply to DI benefits.)1977 SSA published the first regulations describing the evaluation of disability in children claimingSSI benefits, including additions to the Listing of Impairments for children (42 FR 14705(March 16, 1977)).1978 SSA published regulations (effective in 1979) implementing a set of medical-vocational guidelines,frequently referred to as the “grid” rules, for assessing certain applicants’ disability statusaccording to their work capacity, age, education, and work experience (43 FR 55349 (November28, 1978)). The rules were controversial, and resulted in a significant amount of litigation.90 Aspects of Disability Decision Making: Data and Materials