The author explores the conflicting interpretations of the Social Security Act's definition of "disability" developed by the Third Circuit Court of Appeals and the Social Security Administration. After a general discussion of the disability issue, the Comment centers on the specific issue of when subjectively-felt pain may constitute a disability. The author concludes that the continuing existence of dual standards in this area is unacceptable, and suggests that the Administration should attempt to conform its administration of the disability insurance program to judicially evolved standards.
George R. Zaiser,
Proving Disabling Pain in Social Security Disability Proceedings: The Social Security Administration and the Third Circuit Court of Appeals,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol22/iss2/8