Journal articles on the topic 'Disability and social security law'
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1
Sanbar, S. Sandy. "Winning Social Security Disability Cases." Journal of Legal Medicine 31, no. 1 (March 16, 2010): 91–121. http://dx.doi.org/10.1080/01947640903356167.
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Baldwin, Marjorie L. "Gender Differences in Social Security Disability Decisions." Journal of Disability Policy Studies 8, no. 1-2 (April 1997): 25–49. http://dx.doi.org/10.1177/104420739700800203.
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Rowlingson, K. "Social Security. Social security and disincentives to work: the case of the disability working allowance." Industrial Law Journal 26, no. 2 (June 1, 1997): 198–204. http://dx.doi.org/10.1093/ilj/26.2.198.
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Taibi, Anthony. "Politics and Due Process: The Rhetoric of Social Security Disability Law." Duke Law Journal 1990, no. 4 (September 1990): 913. http://dx.doi.org/10.2307/1372725.
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Anand, Priyanka, and Yonatan Ben-Shalom. "Pathways Taken by New Social Security Disability Insurance and Supplemental Security Income Awardees." Journal of Disability Policy Studies 29, no. 3 (June 4, 2018): 153–65. http://dx.doi.org/10.1177/1044207318779987.
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We use administrative data to examine the various milestones achieved and pathways followed by new Social Security Disability Insurance (DI) and Supplemental Security Income (SSI) awardees. Our findings show that 80% of DI-first awardees and 53% of SSI-first awardees either achieved none of the milestones we tracked in the 10 years after their initial award or their only milestone was death or attainment of full retirement age. Furthermore, many DI and SSI awardees who achieved work- or program-related milestones during the analysis period did not make additional progress toward exiting the program. For example, one third of DI-first and one fifth of SSI-first awardees who enrolled in employment services had no other milestones and one quarter of DI-first awardees who completed a trial work period either had no other milestones or their only additional milestone was enrolling in employment services. We also found that approximately one quarter of SSI-beneficiaries who later received DI had their SSI benefits suspended and terminated due to excess income that included DI payments as the only additional milestones. Finally, our analysis reveals great diversity in the paths taken to achieve work- and program-related milestones, which policy makers should consider when designing interventions to help awardees return to work.
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Wu, April Yanyuan, and Jody Schimmel Hyde. "The Postretirement Well-Being of Workers With Disabilities." Journal of Disability Policy Studies 30, no. 1 (August 15, 2018): 46–55. http://dx.doi.org/10.1177/1044207318793161.
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Older workers who develop significant limitations in health or functioning face declines in income and consumption and an increased likelihood of poverty in the years prior to retirement. We assess the extent to which those differences persist after reaching retirement age. We use the Health and Retirement Study (HRS) linked to Social Security Administration (SSA) records to compare the postretirement financial well-being of workers who experienced disability onset during their working years with those who did not, based on their claiming behavior for Social Security disability and retirement benefits. We find that even after full retirement age, gaps that emerged prior to retirement persist; those who experienced disability prior to retirement had lower incomes, were more likely to be in poverty, and had significantly lower wealth. Workers with disabilities who claimed Social Security Disability Insurance (DI) fared better than those who were rejected for such benefits, yet both groups were worse off than those who delayed claiming benefits until they were eligible for Social Security Old Age and Survivors Insurance (OASI) benefits. Our findings indicate that any changes to the Social Security benefit structure must be mindful of the short- and longer term implications for already-vulnerable groups of workers.
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Rabinovich, Lila. "A Pipeline of Unscrupulous Practices: Qualitative Study of Attitudes Toward the Social Security Disability Program." Journal of Disability Policy Studies 31, no. 3 (June 1, 2020): 173–80. http://dx.doi.org/10.1177/1044207320920613.
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In the United States more than 8 million adults currently are covered by the Social Security Disability Insurance (SSDI) program, with enrollment projected to increase in the coming decades. This qualitative study explores views on work disability in the United States, and specifically on the SSDI program, among the general public. Six focus groups with a convenience sample of nonbeneficiary adults ( N = 41) were conducted in Los Angeles. We found that in spite of low levels of familiarity with the program, suspicion and prejudice against people claiming disability benefits and against the program itself were widespread among our participants. Specifically, participants argued that (a) there is a high prevalence of “scammer” disability applicants, and (b) the program fails to adequately safeguard against nondisabled claimants. Moreover, they viewed disability benefits as a symbolic admission of weakness, contrary to the U.S. ethos of hard work and against “government handouts,” and expressed a preference for claiming disability benefits as a last resort if they were ever to develop a disabling condition. Exploring public perceptions of disability and disability benefit programs helps us shed light on current cultural narratives around these topical issues. Future research could examine the impact of stigma of beneficiary status on beneficiaries’ wellbeing.
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Brandt, Diane E., Andrew J. Houtenville, Minh T. Huynh, Leighton Chan, and Elizabeth K. Rasch. "Connecting Contemporary Paradigms to the Social Security Administration’s Disability Evaluation Process." Journal of Disability Policy Studies 22, no. 2 (February 7, 2011): 116–28. http://dx.doi.org/10.1177/1044207310396509.
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Ferguson, Elizabeth S. "Untangling "Operation Common Sense": Reopening and Review of Social Security Administration Disability Claims." Michigan Law Review 87, no. 7 (June 1989): 1946. http://dx.doi.org/10.2307/1289207.
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B.I., Stashkiv, Denysenko K.V., and Zinchuk Yu.O. "Legal status of child with disabilities as legal category of social security (part І)." Scientific Herald of Sivershchyna. Series: Law 2020, no. 3 (December 18, 2020): 31–50. http://dx.doi.org/10.32755/sjlaw.2020.03.031.
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The article is devoted to the study of such a legal category as the legal status of a child with disabilities in the field of social security, its structural elements, the relationship with the status of other categories of material support recipients. The authors conclude that the elements of the legal status of a child with disabilities are only his/her rights and responsibilities, which are realized by him/her through a legal representative or with hi/her active assistance. Freedom is not the subject of a study of social security law and is not part of a child’s legal status. Legal capacity indicates that a child with disabilities is a subject of social security law and has the rights and responsibilities provided by this branch of law since birth until reaching adulthood. In most cases, children with disabilities are not aware of the importance of their actions and cannot be guided by them, that is, to dispose of rights and responsibilities, and therefore they cannot be full-fledged subjects of social security relations. In such legal relations, they are often replaced by legal representatives. The special rights of a child with disabilities in the field of social protection are the child`s legal possibilities with the assistance of his/her legal representative to receive additional types of compensatory social security, which are associated with disability due to persistent dysfunction. In social security law, ensuring the responsibilities and violating of them rely on the child`s legal representative. Some responsibilities may be imposed on a child with disabilities when he/she receives social services, but in most cases he/she will be morally responsible for the violation. In the article the authors conditionally divided three categories of children with special needs: 1) children with disabilities; 2) children with serious illnesses who have not been diagnosed with disabilities; 3) children with mental or physical disabilities who have no grounds for establishing disability. Key words: the concept of the category “child with disabilities”, the procedure for establishing disability in children, elements of the legal status of a child with disabilities, rights and responsibilities of children with disabilities in social protection, social benefits for children with disabilities, social services for children with disabilities.
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B.I., Stashkiv B. I., Denysenko K. V., and Zinchuk Yu. О. "Legal status of child with disabilities as legal category of social security (part ІI)." Scientific Herald of Sivershchyna. Series: Law 1, no. 12 (July 2, 2021): 40–60. http://dx.doi.org/10.32755/sjlaw.2021.01.040.
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The article is devoted to the study of such a legal category as the legal status of a child with disabilities in the field of social security, its structural elements, the relationship with the status of other categories of material support recipients. The authors conclude that the elements of the legal status of a child with disabilities are only his/her rights and responsibilities, which are realized by him/her through a legal representative or with hi/her active assistance. Freedom is not the subject of a study of social security law and is not part of a child’s legal status. Legal capacity indicates that a child with disabilities is a subject of social security law and has the rights and responsibilities provided by this branch of law since birth until reaching adulthood. In most cases, children with disabilities are not aware of the importance of their actions and cannot be guided by them, that is, to dispose of rights and responsibilities, and therefore they cannot be full-fledged subjects of social security relations. In such legal relations, they are often replaced by legal representatives. The special rights of a child with disabilities in the field of social protection are the child`s legal possibilities with the assistance of his/her legal representative to receive additional types of compensatory social security, which are associated with disability due to persistent dysfunction. In social security law, ensuring the responsibilities and violating of them rely on the child`s legal representative. Some responsibilities may be imposed on a child with disabilities when he/she receives social services, but in most cases he/she will be morally responsible for the violation. In the article the authors conditionally divided three categories of children with special needs: 1) children with disabilities; 2) children with serious illnesses who have not been diagnosed with disabilities; 3) children with mental or physical disabilities who have no grounds for establishing disability. Key words: the concept of the category “child with disabilities”, the procedure for establishing disability in children, elements of the legal status of a child with disabilities, rights and responsibilities of children with disabilities in social protection, social benefits for children with disabilities, social services for children with disabilities.
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Parker, Susan B. "Changes in the Way Social Security Evaluates Claims for Childhood Disability Benefits." Journal of Disability Policy Studies 2, no. 2 (July 1991): 77–86. http://dx.doi.org/10.1177/104420739100200206.
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Sajadi, Shahrzad. "The ‘Olympic Hurdles’ of Obtaining Federal Benefits for Inmates with Disabilities: A Study of Two Massachusetts County Jails." Prison Journal 101, no. 5 (November 2021): 609–26. http://dx.doi.org/10.1177/00328855211048191.
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Sixty-four percent of US jail inmates are reported to suffer from mental health issues, compared to just 18.9% of the general population. This disparity becomes greater when considering a broader definition of disability, and individuals with disabilities are overrepresented in correctional facilities. They are often left without the ability to find employment at reentry, with Supplementary Security Income (SSI) and Social Security Disability Insurance (SSDI) providing pathways to housing and improved living conditions. However, complicated application procedures often result in the formerly jailed returning to prior lifestyles and rearrests. This study explores SSI/SSDI systems at two Massachusetts county jails.
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Peeters, Bruno, and Bruno Peeters. "The Impact of European Union Law on the Interaction of Members States Sovereign Powers in the Policy Fields of Social Protection and Personal Income Tax Benefits." EC Tax Review 25, Issue 5/6 (November 1, 2016): 262–76. http://dx.doi.org/10.54648/ecta2016028.
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In almost all Member States social security benefits are financed by a mix of social security contributions and taxes, albeit with great differences between the Member States regarding the share and the design of each of these methods of financing. As to the benefits, social benefits are traditionally defined by the various social security branches. But sometimes tax systems provide for certain advantages with a social goal, such as tax reductions for children or for disability. In all these cases Member States conduct their social policy partly through tax measures. This article explores these interactions between social and tax policy from the perspective of Member States’ sovereignty. To which extent does European Union (EU) law limit the powers of Member States to decide for themselves which policy field (social or tax) is used to obtain social goals? And how can EU law be applied and interpreted to respect or to restore this sovereignty? The article firstly outlines the basic features of EU social security coordination and EU personal income tax law. It then analyses how EU law and in particular case law of the Court of Justice deals with situations where these policy fields interact and how it impacts on Member States’ choices to integrate elements of social policy in their tax policy. Finally it draws some conclusions.
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Chirikos, Thomas N. "An Analysis of Compositional Trends in Social Security Disability Insurance Awards, 1960-1991." Journal of Disability Policy Studies 6, no. 1 (April 1995): 1–22. http://dx.doi.org/10.1177/104420739500600101.
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Dorfman, Doron. "Re-Claiming Disability: Identity, Procedural Justice, and the Disability Determination Process." Law & Social Inquiry 42, no. 01 (2017): 195–231. http://dx.doi.org/10.1111/lsi.12176.
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This research highlights the crucial role of an intimate link between a disabled person's self-identity and the perceived fairness of legal procedures. In doing so, it brings to the foreground a wholly ignored aspect of procedural justice. Earlier researchers have failed to delve into the role identity politics plays in the relationship between the institutions and the beneficiaries of their services, and the way different members of a group understand and define themselves. This research explores the way people with disabilities in the United States, with different kinds of disability identities, experience and evaluate the procedure of claiming Social Security benefits. The findings suggest that disabled people who identified with the social model of disability (as opposed to the medical-individual models) hold a critical view of the procedure for retaining benefits. They felt they had no control over it, could not voice their opinions, were mistreated by representatives, and had to present an image that was not necessarily true of their disability. They also saw the procedure as discouraging them from participating fully in the labor market, and consequently integrating better in society, an idea that was not present among disabled people who identify with medical-individual models. Exposing this relationship between the way people perceive themselves and the way they experience and evaluate legal procedures can contribute to the creation of better policies, while improving communication between the state and members of the disability community, along with other marginalized groups.
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Julijanto, Muhammad. "Politik Hukum Disabilitas: Studi Kasus Perda No. 8 Tahun 2013 di Wonogiri." INKLUSI 6, no. 1 (June 30, 2019): 127. http://dx.doi.org/10.14421/ijds.060106.
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This study answers the question of how the politics of protection and fulfilment of the rights of persons with disabilities in the case of Regional Disability Regulations in Wonogiri Regency. With a mixed-method between normative legal research and empirical law, the research found that: 1) Regional Regulation No. 8 of 2013 concerning Disability and Empowerment of the Disabled in Wonogiri shows concern and attention to the fulfilment of disability rights along with social security; 2) The politics of disability law is the response of all factions in the DPRD who approve and support the fulfilment of the rights of persons with disabilities through accommodation in regional regulations; 3) Regional Regulations have been implemented largely in stages. Such as the implementation of inclusive education, health services, disability political participation, accessibility for people with disabilities in public facilities and infrastructure.[Penelitian ini menjawab pertanyaan bagaimana politik perlindungan dan pemenuhan hak penyandang disabilitas dalam kasus Peraturan Daerah Disabilitas di Kabupaten Wonogiri. Dengan metode campuran antara penelitian hukum normatif dan hukum empiris, penelitian menemukan bahwa: 1) Peraturan Daerah No. 8 Tahun 2013 tentang Kesetaraan dan Pemberdayaan Difabel di Wonogiri menunjukkan kepedulian dan perhatian terhadap pemenuhan hak-hak disabilitas beserta jaminan sosialnya; 2) Politik hukum disabilitas merupakan respon semua fraksi di DPRD yang menyetujui serta mendukung terpenuhinya hak-hak difabel melalui akomodasi peraturan daerah; 3) Peraturan Daerah ini telah diimplementasikan sebagian besar secara bertahap. Seperti implementasi pendidikan inklusif, pelayanan kesehatan, partisipasi politik difabel, aksesbilitas bagi difabel dalam sarana dan prasarana publik.]
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Mano, Laureta, and Mirela Selita. "The Albanian Social Security System and the Institutions of Social Protection in Albania." European Journal of Social Sciences Education and Research 3, no. 2 (April 30, 2015): 18. http://dx.doi.org/10.26417/ejser.v3i2.p18-25.
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The social security system in Albania consists of social assistance and social services, health services and health care insurance and social insurance schemes. In the social objectives of the constitution are declared that the State within the constitutional competencies and the probable means as well as in the fulfillment of private initiatives and responsibilities, aims to higher possible standards of health, physical and mental; social care and services of elderly, orphan and invalids; medical rehabilitation, special education and integration in the community, of disabled persons. The Constitution foreseen that everyone has the right of social insurance when retired or in case of incapacity of work under a certain system established by a law. Everyone, when is unemployed for any reasons independent on individual will and when there is no living means, has the right of need under the conditions foreseen by law. Social insurance is a scheme protecting by benefits persons in respect of temporary incapacity due to sickness, maternity, old-age, disability and loss of breadwinner, employment accidents/occupational diseases, unemployment. Social Services are benefits in kind for disabled persons or vulnerable persons. Social Assistances are cash benefits given to families in need, that means families with lower incomes comparable with minimum standard of living or families without incomes. Health services consist of public health, primary health care, hospitalization services nurse's service, dental and pharmaceutical net. The Institutions of Social Protection in Albania are Social Insurance Institute, National Social Services and Health Care Insurance Fund.
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Burke, Thomas F., and Jeb Barnes. "Layering, Kludgeocracy and Disability Rights: The Limited Influence of the Social Model in American Disability Policy." Social Policy and Society 17, no. 1 (October 30, 2017): 101–16. http://dx.doi.org/10.1017/s1474746417000367.
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The United States has been a leader in the creation of disability rights law, providing a policy template for other nations. Yet the social model, the animating philosophy behind the disability rights movement, has had little effect on the wide range of welfare programs that serve people with disabilities. These programs, whose creation preceded the modern disability rights movement, reflect a medical model of disability that is at odds with the social model. Analysing the Americans with Disabilities Act (which embodies the social model) and Social Security Disability Insurance (the largest welfare program for people with disabilities), we explore how and why this layering of contradictory disability rights and welfare programs developed and how it has been maintained. We argue that the tension between these policies engendered a series of patches, or ‘kludges’, that allow the policies to coexist without meaningful synthesis. We contend that the United States is particularly prone to this layering of ‘tense policies’, but that it is likely characteristic of disability policy in many nations. Finally we argue that accurate benchmarking of disability rights regimes across nations requires analysts to dig through all the layers of disability policy.
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RAKHIMOVA, Gakku N., Sergazy KUSSAINOV, Baurzhan O. ZHANGUTTIN, Zhomart K. SIMTIKOV, Yermek A. BURIBAYEV, and Zhanna A. KHAMZINA. "The Welfare State in Kazakhstan: Development Based on International Experience and International Standards." Journal of Advanced Research in Law and Economics 9, no. 6 (November 1, 2019): 2108. http://dx.doi.org/10.14505//jarle.v9.6(36).26.
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The relevance of the article lies in the need to modernize the social protection system of Kazakhstan to solve the problems of poverty. The study aims to offer opportunities for the transformation and implementation of international experience in the field of social security in the legislation of Kazakhstan. Applying the legal comparative method, the authors identified the main parameters of the social protection systems of the European member states of the International Labor Organization and the Organization for Economic Co-operation and Development. Analysis of the development of legislation on social security and social insurance has revealed the possibility of transforming the legislation of Kazakhstan in accordance with foreign standards and suggest steps to be taken to build a welfare state: systematization and codification of legislation on social security and social insurance; the continuation of the formation of the legal framework for compulsory social insurance for temporary disability, for pregnancy and childbirth; updating health insurance legislation; legislative consolidation of specific criteria and standards that will allow more clearly determine the types and volumes of guaranteed social security.
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Laurell, Asa Cristina. "The Mexican Social Security Counterreform: Pensions for Profit." International Journal of Health Services 29, no. 2 (April 1999): 371–91. http://dx.doi.org/10.1177/002073149902900201.
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The social security counterreform, initiated in 1997, forms part of the neoliberal reorganization of Mexican society. The reform implies a profound change in the guiding principles of social security, as the public model based on integrality, solidarity, and redistribution is replaced by a model based on private administration of funds and services, individualization of entitlement, and reduction of rights. Its economic purpose is to move social services and benefits into the direct sphere of private capital accumulation. Although these changes will involve the whole social security system—old-age and disability pensions, health care, child care, and workers’ compensation—they are most immediately evident in the pension scheme. The pay-as-you-go scheme is being replaced by privately managed individual retirement accounts which especially favor the big financial groups. These groups are gaining control over huge amounts of capital, are authorized to charge a high commission, and run no financial risks. The privatization of the system requires decisive state intervention with a legal change and a sizable state subsidy (1 to 1.5 percent of GNP) over five decades. The supposed positive impact on economic growth and employment is uncertain. A review of the new law and of the estimates of future annuities reveals shrinking pension coverage and inadequate incomes from pensions.
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Tokarskyi, T. "Improving Economic Security through European Integration Reforms in Ukraine’s Social Sector." Economic Herald of the Donbas, no. 4 (62) (2020): 180–89. http://dx.doi.org/10.12958/1817-3772-2020-4(62)-180-189.
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According to the Constitution of Ukraine (Article 1), Ukraine is a democratic, social and rule of law state. Developing a highly developed welfare state in Ukraine requires shaping its concept model and mechanisms of its functioning. Active and efficient social policy should become a solid foundation for comprehensive innovative, social development, integration into the European Union, the basis for developing a welfare state with a competitive socially oriented market economy capable of ensuring human development, decent standards and quality of life. This article substantiates the problem of ensuring the economic security of the state and suggests the ways to achieve European standards in the national social sphere. Ukraine has chosen the strategic course of the European integration as a priority of its domestic and foreign policy. This course provides for modernization of all spheres of life at the state and local levels in accordance with the broad context of the development strategy of the EU member states. Modern ideology, which is based on the principles of protection of citizens from major social risks (disability, impoverishment, etc.) and, partially, social paternalism, should be reconsidered in the context of principled of social inclusion. Improvement of existing approaches to social programming should start with a focus on the development and implementation of fundamental for social development state targeted programs on domestic and international social issues. Reorientation of domestic social policy requires correction of the forecast-monitoring system of implementation of multilevel social development programs, in particular state targeted programs in terms of revision of criteria for evaluating the effectiveness of social support programs.
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Brucker, Debra. "Estimating the Prevalence of Substance Use, Abuse, and Dependence Among Social Security Disability Benefit Recipients." Journal of Disability Policy Studies 18, no. 3 (December 2007): 148–59. http://dx.doi.org/10.1177/10442073070180030301.
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Szybkie, Andrzej. "Pension and disability protection for Ukrainian refugees on the basis of the Polish-Ukrainian Agreement on social security in the situation of the armed conflict in Ukraine." Ubezpieczenia Społeczne. Teoria i praktyka 154, no. 3 (January 31, 2023): 1–20. http://dx.doi.org/10.5604/01.3001.0016.2355.
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Introduction: In view of the armed conflict in Ukraine after 23 February 2022, the Polish social security system has faced the challenge of providing adequate assistance to all groups of persons in need, while maintaining social justice and taking into account the financial capacity of the Polish state.Objective: The article examines the status of Ukrainian citizens in terms of pension entitlements on the basis of the Polish-Ukrainian Agreement on social security in the context of Russia's armed invasion of Ukraine.Materials and methods: The article has been drawn up based on ZUS data on benefits handling as well as on the review of legal provisions and procedures in the field of social protection, with a particular focus on Ukrainian citizens in Poland.Results: Polish social insurance law offers sufficient guarantees of social insurance protection to persons from Ukraine and other foreigners. The Polish social insurance system is characterised by rights egalitarianism. The Social Security Agreement and the Special Law provide important complementary protection to migrants whose careers are built on insurance periods in Poland and in another state party to the Agreement. Practical cooperation between the pension authorities of Poland and Ukraine is also important. Based on good cooperation between social security institutions, it is possible to establish solutions for customers which would facilitate them to acquire rights or to transfer benefits in a war situation.
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Shumylo, M. M., and Y. V. Simutina. "Transboundary nature of lifetime social security (pension) benefits." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 185–93. http://dx.doi.org/10.24144/2307-3322.2021.65.34.
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The article focuses on issues related to social (pension) payments to citizens of Ukraine who permanently reside abroad. It was stated that, despite significant progress in the development of social protection legislation, there are many cases when citizens of Ukraine who permanently live abroad or go abroad for permanent residence, are actually excluded from the exercise of certain social rights. Although the issue of the right of pensioners living abroad to receive a pension has already been decided by the Constitutional Court of Ukraine, the right to receive other lifelong social benefits, in particular those granted in connection with an accident at work and an occupational disease caused by disability. The current legislation of Ukraine in this area in the 30th year of independence still contains legal norms that were prescribed by the Soviet totalitarian legislation and continue to violate the social protection rights of citizens.Based on the analysis of generally accepted in the science of social protection law approaches to understanding the legal nature of lifelong social benefits, as well as the decisions of the CCU, ECHR and the Supreme Council formulated a new feature of lifelong social benefits. It is determined that lifelong social (pension) benefits are characterized by such a feature as transboundary, the essence of which is that a person who has acquired the right (special legal capacity) to lifelong social security (pension) benefits, can implement it regardless of whether she resides in Ukraine or abroad, as well as the presence or absence of bilateral interstate agreements in the field of social protection, and is an integral part of the doctrine of positive obligations of the state.It has been proven that the transboundary nature of lifelong social security (pension) benefits generally corresponds to the doctrine of positive obligations of the state and the dynamic interpretation of the ECHR of the Convention on Human Rights and Fundamental Freedoms. Restricting or suspending these payments directly violates the constitutional rights of citizens and is contrary to the case law of the ECHR.
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Hoynes, Hilary Williamson, and Robert Moffitt. "Tax Rates and Work Incentives in the Social Security Disability Insurance Program: Current Law and Alternative Reforms." National Tax Journal 52, no. 4 (December 1, 1999): 623–54. http://dx.doi.org/10.1086/ntj41789422.
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Altman, Barbara M. "Another Perspective." Journal of Disability Policy Studies 25, no. 3 (February 4, 2013): 146–53. http://dx.doi.org/10.1177/1044207312474309.
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A new criticism of the variety in measures serving to identify the disabled population in the American Community Survey (ACS) has been raised by Burkhauser, Houtenville, and Tennant. That criticism identifies the lack of a participation component, specifically a measure of work limitation, as creating bias resulting in an underestimate of the size of the working-age population with disabilities. The purpose of this article is to provide another perspective on the relationship of the current ACS measure and a work limitation measure demonstrating the complications introduced by combining measures that represent two different metrics and introducing an unmeasured environmental element. The relationship of the measures with receipt of Social Security Disability Insurance or Supplemental Security Insurance is also examined and discussed.
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Chapman, Shawna L., Jean P. Hall, and Janice M. Moore. "Health Care Access Affects Attitudes About Health Outcomes and Decisions to Apply for Social Security Disability Benefits." Journal of Disability Policy Studies 24, no. 2 (April 9, 2012): 113–21. http://dx.doi.org/10.1177/1044207312437743.
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Ahad Mammadova, Lala. "THE MAIN ASPECTS OF THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE LEGISLATION OF AZERBAIJAN." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 205–9. http://dx.doi.org/10.36719/2663-4619/65/205-209.
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In modern times, more than 15% of the world's population, that is, more than 1 million people are disabled, and 4% of them are diagnosed with acute disability. In the Republic of Azerbaijan, 6% of the total population, or 568,149 people, are disabled and people with disabilities. Experience shows that people with this disability also face a number of restrictions and obstacles in society. Restrictions or barriers to them eventually lead to poverty in the context of violations of education and labor rights, as well as the formation of psychological criteria. From this point of view, the adoption and implementation of international law on the protection of persons with disabilities is important. This article is devoted to the main aspects of the protection of the rights of persons with disabilities in the legislation of Azerbaijan. After gaining independence and becoming a full-fledged subject of international law, the Republic of Azerbaijan protects and safeguards the rights of persons with disabilities, as well as their social security and social adaptation, ensuring the participation of persons with disabilities in various spheres of public life and preventing negative situations between them. Key words: disability, human rights, children with disabilities, discrimination, legislative acts
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Rispalman, Rispalman, and Iman Islami. "Upaya Pemerintah Kota Banda Aceh Dalam Melindungi Anak Penyandang Disabilitas." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 3, no. 2 (November 20, 2019): 491. http://dx.doi.org/10.22373/sjhk.v3i2.4940.
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Children with disabilities are vulnerable to poor treatment and the growth will be very difficult in a community environment. Therefore, it must be a child with a disability given the attention of the local government to provide protection for the child's disability. This research is categorized as field research Research) and Library Research, is a type of qualitative research. The results of this research show, based on data obtained from the social service city of Banda Aceh, currently the city of Banda Aceh there are 467 children with disabilities with the category of 7 types of disabilities, of the 7 types of disability that most of the levels are Tuna Runggu and Tuna. In the management of children with disabilities, the Government of Banda Aceh carried out several activities in terms of social assistance fund Rp. 4 million (four million rupiahs) per year, the establishment of a disabled child Family Communication Forum (FKKADK) and the provision of disability aids for children with disabilities according to their degree of disability. The efforts of the activities undertaken by the Government of Banda Aceh are in accordance with the provisions of article 8 of the Candy PPPA number 4 year 2017 about special protection for children with disabilities who said that the implementation of special protection for children with disabilities in the form of activities to be a reference for the area in drafting the action plan is adjusted to the condition, the situation, needs, and capabilities of the area and with the appropriate implementation on the article with article 90 of law number 8 year 2016 social rehabilitation, social protection, social empowerment, and social security. In the implementation of child protection with disabilities in Banda Aceh in accordance with the provisions of Islamic law relating to maqasid sharia.
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Bobrishova, Liliya. "Administrative and legal basis of functioning of system of healthcare institutions of the Ministry of Interior as an element of medical provision of police." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 176–81. http://dx.doi.org/10.31733/2078-3566-2021-1-176-181.
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The study deals with the administrative and legal principles of the system of health care facilities at the Ministry of Internal Affairs, which are an element of medical care for employees of the National Police of Ukraine. It is noted that medical care for police officers is a component of such a common phenomenon as social security for law enforcement officers. It is noted that in the scientific work of researchers call social security also social protection, but the content of these definitions remains the same. It is emphasized that medical care is not limited to the system of medical measures carried out by the health authorities at the Ministry of Internal Affairs, it also includes the activities of governing bodies and departments of internal affairs, aimed at health or preventive measures among the staff and the elimination of harmful and health factors, and the Department of Health and Rehabilitation is implementing the state policy of the Ministry of Internal Affairs in the field of departmental health care. The definition of medical support of law enforcement agencies as a set of organizational, highly qualified forms and methods of medical care, logistics of treatment and prevention, sanitary and epidemiological and other measures, and social security of police is defined as a set of guarantees and legal norms that regulate the activities of police at the expense of the State in matters of social and material security of police in cases of disability, disability, retirement, detection of diseases related to professional duties or other circumstances, which are provided by special laws. The study provides a system of health care facilities at the Ministry of Internal Affairs according to the List of health care facilities of the Ministry of Internal Affairs of Ukraine approved by the Order of the Ministry of Internal Affairs (treatment and prevention facilities, sanitary prevention facilities, pharmaceutical facilities, medical commissions MIA).
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Guseva, Tatiana S., and Natalia V. Pugacheva. "The Term of Applying to the Court With a Claim For Recovery of Temporary Disability Benefits: Problems of Legal Regulation." Rossijskoe pravosudie, no. 9 (August 23, 2022): 72–78. http://dx.doi.org/10.37399/issn2072-909x.2022.9.72-78.
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Тhe analysis of the current legislation on compulsory social insurance in the event of temporary disability and in connection with maternity leads to the conclusion that there are no special terms established for the insured person to apply to the court for protection of their right in the event that the temporary disability benefit has not been accrued or has been accrued not fully. In the scientific literature and law enforcement practice, there is an idea that an employee’s claim for recovery of temporary disability benefits is an individual labor dispute. This is greatly facilitated by the legislative consolidation of the employer’s obligation to pay such benefits to the employee, as well as the rules for the financial provision of benefits both at the expense of the employer and at the expense of the Social Insurance Fund of the Russian Federation. The authors justify the controversy of such a position as not taking into account the complex nature of relations on compulsory social insurance and their social security nature, which is different from labor relations. The legal nature of these relations does not allow applying to the requirements arising from them the terms of applying to the court for the resolution of an individual labor dispute, established by Article 392 of the Labor Code of the Russian Federation, as well as the limitation periods provided for by civil legislation. Based on the results of the study, a conclusion is formulated about the expediency of fixing in the legislation the terms for applying to the court for the protection of the right to insurance coverage under mandatory social insurance, due to the public-legal nature of social security relations, in order to avoid limiting the right of citizens to appeal to the court for a period that is not intended for claims for recovery of temporary disability benefits.
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Pratiwi, Eka Ryanda, Mahdi Syahbandir, and Azhari Yahya. "Perlindungan Hukum Terhadap Hak Asasi Pasien Pengguna Badan Penyelenggara Jaminan Sosial Kelas 3." Syiah Kuala Law Journal 1, no. 1 (November 19, 2018): 119–39. http://dx.doi.org/10.24815/sklj.v1i1.12270.
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Badan Penyelenggara Jaminan Sosial (BPJS) berfungsi menyelenggarakan program jaminan kesehatan secara nasional berdasarkan prinsip asuransi sosial dan prinsip ekuitas dengan tujuan menjamin agar peserta memperoleh manfaat kesehatan. Pasal 1 angka 2 Undang-Undang Nomor 24 Tahun 2011 tentang Badan Penyelenggara Jaminan Sosial menyatakan bahwa Jaminan sosial adalah salah satu bentuk perlidungan sosial untuk menjamin seluruh rakyat agar dapat memenuhi kebutuhan dasar hidupnya yang layak. Dalam Pasal 224, 225, dan 226 Undang-Undang Nomor 11 tahun 2006 tentang UUPA, kewajiban kepada Pemerintah Aceh untuk memberikan pelayanan kesehatan secara menyeluruh kepada penduduk Aceh terutama penduduk miskin, fakir miskin, anak yatim dan terlantar. Pasien BPJS Kelas 3 di beberapa Rumah Sakit di Kota Banda Aceh memerlukan perlindungan secara hukum dalam menerima pelayanan kesehatan yang bertujuan menjamin adanya kepastian hukum yang didapatkan oleh pasien, sehingga pasien terhindar dari kerugian saat menerima pelayanan kesehatan yang seharusnya diberikan secara baik dan optimal oleh tenaga kesehatan.Kerugian sebagaimana dimaksud berupa kerugian atas kerusakan, pencemaran, dan atau kerugian menderita penyakit/cacat sebagai akibat perbuatan/kesalahan dokter. Bentuk ganti kerugian berupa perawatan kesehatan dalam rangka memulihkan kondisi pasien, pengembalian uang atau pengembalian barang dan atau pemberian santunan yang sesuai dengan ketentuan perundang-undangan.National Social Security Agency (BPJS) has a function to conduct national health of social security based social insurance principle and equity principle aiming at securing the members in order to obtain the benefit of health care. Article 1 point 2 of the Act Number 24, 2011 regarding National Social Security Agency stipulates that Social Security is one of the forms of social protection in securing all people to fulfill basic need of proper lives. Articles 224, 225, and 226 of the Act Number 11, 2006 regarding Aceh Governance Act oblige the Aceh Government especially the poor, orphan and abandoned kids. Patients of the National Social Security Agency of Class 3 in several hospitals in Banda Aceh need law protection in providing health services aiming to secure the existence of law certainty acquired by the patients hence it prevents from the loss while accepting the health services that should be provided well and optimally by medical staffs. The loss aforementioned are damages, contamination, or suffering from illness/disability resulted from medical malpractice. The kinds of the loss are health care in recovering patients’ condition, compensating or returning things or the compensation that is not based on existing rules.
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Hammond, Andrew. "Territorial Exceptionalism and the American Welfare State." Michigan Law Review, no. 119.8 (2021): 1639. http://dx.doi.org/10.36644/mlr.119.8.territorial.
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Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the U.S. Virgin Islands, that person loses their right to federal aid. Similarly with SNAP (food stamps), federal spending rises with increased demand—whether because of a recession, a pandemic, or a climate disaster. But unlike the rest of the United States, Puerto Rico, the Northern Mariana Islands, and American Samoa receive a limited amount of federal food assistance, regardless of need. That’s why, after Hurricane Maria, despite additional congressional action, over a million Puerto Rican residents lost food assistance. And with Medicaid, federal law caps medical assistance for each of these five territories, a limit that does not exist for the fifty states or the District of Columbia. This Article draws much-needed attention to these discrepancies in legal status and social protection. It surveys the eligibility rules and financing structure of disability benefits, food assistance, and health insurance for low-income Americans in the states and the territories. A comprehensive account of these practices provokes questions about the tiers of citizenship built by a fragmented and devolved American state. Part I invokes the scholarship on social citizenship, the idea that an individual cannot meaningfully participate in society without some modicum of economic security. Part I then explores the tension between that normative commitment and one of the defining features of the American welfare state—federalism. It then elaborates the exceptional legal status of Americans who live in U.S. territories. Part II provides a comprehensive overview of federal food, medical, and disability assistance and, in doing so, demonstrates how the American territories inhabit a different and, in many ways, dilapidated corner of the American welfare state. Part III begins with an analysis of ongoing cases in federal court that challenge this facial discrimination. It then canvasses legislation introduced in Congress that would make significant progress in putting territorial Americans on par with Americans in the fifty states. To conclude, Part IV brings the states back in, using the earlier discussion of territories as an invitation to imagine an American welfare state built on a foundation other than a racial order.
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Averyanova, Maria Igorevna. "The right to social security of State civil servants from the standpoint of chronodiscret monogeographic comparative jurisprudence (HMP)." Genesis: исторические исследования, no. 2 (February 2022): 47–64. http://dx.doi.org/10.25136/2409-868x.2022.2.34991.
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The article examines the features of the legal regulation of social security of state civil servants from the standpoint of the methodology of chronodiscret monogeographic comparative jurisprudence. Within the framework of this methodology, various aspects of the formation and implementation of the right to social security by state civil servants have been studied since the period of the XVIII century. The object of the study was public relations on pension and medical provision of civil servants and their family members, as well as social services for civil servants. The subject of the study is the legal norms regulating these relations, as well as scientific research conducted in the field of social security of civil servants. The scientific novelty of the study is to identify the features of the current state of legal regulation of social security of civil servants, taking into account the history of its development in the conditions of legislative consolidation of guarantees of social security of civil servants, decrees of the President of the Russian Federation on the further development of social guarantees of civil service. The paradox of the modern stage of social security of civil servants is the fact that most of the provisions of the Law on Civil Servants establishing guarantees of social security of civil servants have not yet been implemented in practice and are essentially declarative. Thus, the norms on state pension provision for family members of civil servants, on mandatory state social insurance in case of illness or disability during the period of civil service, on mandatory state insurance, as well as on special medical insurance for civil servants and their family members have not been implemented.
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Ranavaya, Mohammed I., and James B. Talmage. "Impairment and Disability Compensation Systems in the United States." Guides Newsletter 4, no. 6 (November 1, 1999): 1–13. http://dx.doi.org/10.1001/amaguidesnewsletters.1999.novdec01.
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Abstract Although several states use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) when they evaluate individuals with impairments and disabilities, various disability systems exist in the United States. Disability and compensation systems have arisen to ensure that disadvantaged members of society with a medically determinable impairment, which may lead to a disability, have recourse to compensation from various sources, including state and federal workers’ compensation laws, veterans’ benefits, social welfare programs, and legal avenues. Each of these has differing definitions of disability, entitlement, benefits, procedures of claims application, adjudication, and the roles and relative weights assigned to medical vs administrative deliberations. Workers’ compensation statutes were enacted because of inadequacies of recovery from claims for injured workers under common law. Workers’ compensation is a no-fault system adopted to resolve the dilemmas of tort claims by providing automatic coverage to employees injured during the course of employment; in exchange for coverage, employees forego the right to sue the employer except for wanton neglect. Other workers’ compensation programs in the United States include the Federal Employees Compensation Act; the Federal Employers Liability Act (railroads); the Jones Act (Merchant Marine Act); the Longshore and Harbor Workers’ Compensation Act; the Department of Veterans Affairs; Social Security; and private, long-term disability insurance.
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Castro Núñez, Rosa B., Víctor Martín Barroso, and Rosa Santero Sánchez. "Wage Cost-Reducing Policies and Employment Stability for People With Disabilities in the Spanish Labor Market." Journal of Disability Policy Studies 30, no. 4 (May 9, 2019): 202–12. http://dx.doi.org/10.1177/1044207319848070.
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The strategies for integrating people with disabilities into the labor market have evolved toward a social approach, in which the objective is the integration with stable and decent jobs. This article analyzes how persons with disabilities enter the ordinary labor market by studying the factors that strengthen stability in that process. In particular, it analyzes the incentives to hire workers by means of Social Security contribution deductions, a wage cost-reducing measure, and studies whether or not reduced contributions affects the hiring of people with disabilities in stable positions, thus promoting the possibility of decent and stable jobs. We focus on people with disabilities entering the job market for the first time during the period 2004 to 2011, using the Continuous Sample of Working Histories Database for Spain and using as a control group people without disabilities. The results obtained show that reduced social security contributions constitute an incentive that effectively encourages the entry of workers with a disability into the labor market by means of stable employment.
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Mezey, Susan Gluck. "POLICYMAKING BY THE FEDERAL JUDICIARY: THE EFFECTS OF JUDICIAL REVIEW ON THE SOCIAL SECURITY DISABILITY PROGRAM." Policy Studies Journal 14, no. 3 (March 1986): 343–61. http://dx.doi.org/10.1111/j.1541-0072.1986.tb00733.x.
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Chambless, Catherine E., George Julnes, Sara T. McCormick, and Anne Reither. "Supporting Work Effort of SSDI Beneficiaries." Journal of Disability Policy Studies 22, no. 3 (May 31, 2011): 179–88. http://dx.doi.org/10.1177/1044207311407770.
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Few SSDI (Social Security Disability Insurance) beneficiaries in the United States ever increase earnings to the point of leaving SSDI, a source of growing concern both because of the costs of the program and because some beneficiaries can feel trapped in relative poverty by the need to retain SSDI benefits. One barrier to exit is the “cash cliff,” the abrupt loss of monthly benefits once earnings rise beyond the limits for eligibility. A four-state random assignment policy experiment was funded by the Social Security Administration (SSA) to explore implementation of a gradual reduction of cash benefits as earnings rise (i.e., the “benefit offset”). The project in Utah, one of the four states, found positive impacts of the policy on employment outcomes for certain groups of participants. More important, however, were the lessons learned in Utah for implementing policy initiatives with vulnerable populations such as those with disabilities. These lessons learned are in the areas of partnering among service agencies, enhancing communication, and implementing policy innovations in complex policy environments.
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MUKHAMADIYEVA, Gulzhan N., Gulyiya MUKALDYEVA, Zhanar T. KARASHEVA, Amangeldy Sh KHAMZIN, Yermek A. BURIBAYEV, and Zhanna A. KHAMZINA. "Modernization of Social Security System Legal Regulation in Kazakhstan: Experience and Standards of the OECD Members Implementation." Journal of Advanced Research in Law and Economics 8, no. 8 (September 4, 2018): 2498. http://dx.doi.org/10.14505//jarle.v8.8(30).21.
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The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.
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Timilsana, Binod Khanda. "Women with Disabilities in Nepal." Saptagandaki Journal 9 (August 26, 2018): 17–25. http://dx.doi.org/10.3126/sj.v9i0.20877.
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The women who have one or more impairments and experience barriers in society are the women with disability (WWD). Disabled women of all ages, in rural and urban areas, regardless of the severity of the impairment, sexual preference and cultural background or whether they live in the community or an institution are recognized as the WWD. As the Person with Disabilities are deprived, isolated, marginalized and excluded groups of the society, the women who have disability are one of the components of them. The social status of disabled women varies according to individual circumstances and to the country in which they live. Being a member of United Nations, Nepal recognized the human rights of people with disability in the year 1981. Accordingly, it enacted a special law known as the Disabled Persons Protection and Welfare Act, 1982 but even after 36 years of existence, the people with disabilities are often excluded from the mainstream of society and denied their human rights. Nepal is rich with legislative provisions but there is discrepancy between legislation and practices. Social security system is very poor in Nepal; disabled as well as economically marginalized people have not received any kind of social protection (food, shelter, clothes, health, education, and training). The strongest rights to social security may turn out to be nothing more than unfulfilled promises. Again most of the services are situated in urban areas and disabled people from rural areas at more risk. So it is mandatory to cater necessary services to all women with disabilities living in any part of Nepal for the respect, protect and fulfilling the commitment of government by human rights Instruments. The Sapta Gandaki JournalVol. IX, 2018 Feb. Page: 17-25
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Daly, Mary C., and Mark Duggan. "When One Size Does Not Fit All: Modernizing the Supplemental Security Income Program." ANNALS of the American Academy of Political and Social Science 686, no. 1 (November 2019): 229–49. http://dx.doi.org/10.1177/0002716219884072.
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The federal Supplemental Security Income (SSI) program is an important part of the safety net in the United States, paying means-tested benefits to children with disabilities, nonelderly adults with disabilities, and elderly individuals. In this article, we describe the eligibility criteria for the program, how these have changed over time, and the impact of these changes on SSI enrollment. We also show that over time, SSI has grown to serve a heterogenous population, with an array of life experiences and needs. In this context, we discuss potential reforms intended to modernize the program and increase its ability to achieve its goals. These include a proposal to raise the generosity of benefits for elderly SSI recipients, increase the incentive to work among nonelderly adult SSI recipients, and harmonize disability decision-making across medical examiners and administrative law judges.
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Giesen, J. Martin, and Anne Hierholzer Lang. "Predictors of Earnings Enabling Likely Roll Departure for SSDI Beneficiaries With Visual Impairments in Vocational Rehabilitation." Journal of Disability Policy Studies 29, no. 3 (June 17, 2018): 166–77. http://dx.doi.org/10.1177/1044207318780363.
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We examined individual, socioeconomic, disability, service, and state-level factors predicting vocational rehabilitation (VR) closure earnings exceeding substantial gainful activity for Social Security Disability Insurance (DI) beneficiaries in VR who were blind or visually impaired (BVI). We used 2011 RSA-911 (Rehabilitation Services Administration) data from 3,505 individuals exiting VR. Using multilevel modeling, we found positive relationships for beneficiaries who were male, younger, African American; held higher education levels; were without additional disabilities; had higher earnings and DI benefits at application; received services related to job placement and on-the-job supports; did not receive “work basics” (job-readiness) training; received training/support services in rehabilitation technology and other supports; and resided in states with lower unemployment rates. Interactions with VR agency structure revealed compensatory effects—negative relationships for being female and for being older were overcome by receiving services in a blind (rather than combined) agency. We concluded that prior work experience of a DI-beneficiary consumer contributes substantially to high earnings likely to lead to benefits termination due to work for the BVI consumer exiting VR and may serve to level race/ethnicity differences in outcome. Policy recommendations include retaining separate VR agencies for BVI consumers and strongly encouraging work experiences for consumers in VR.
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Sammicheli, Michele, and Marcella Scaglione. "‘Employment suitable for capabilities’." European Journal of Social Security 20, no. 3 (September 2018): 242–52. http://dx.doi.org/10.1177/1388262718798897.
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The authors1 trace the evolution of the social security concept of capability for work in ‘employment suitable for skills’. This principle emerged at the end of the 1930s during the Fascist period, and it is the foundation for the current Italian law (no. 222 of 1984) relating to social security insured sickness. Having described the concept and its historical evolution, they highlight the developments that have had to take place in the last decade, due to changes in working conditions and the growing economic crisis that has affected all of Europe. They then analyse three cases to confirm that the recent economic crisis in the Italian and European labour markets has had an impact on the medical-legal assessment of a work activity as suitable for the capabilities. A careful examination of the relationship between sickness, disability and capacity for work in other EU and non-EU countries is undertaken to highlight the delicate social and medical issues surrounding job retention and the return of disabled persons to work.
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Stapleton, David C., Stephen H. Bell, Denise Hoffman, and Michelle Wood. "Comparison of Population-Representative and Volunteer Experiments: Lessons From the Social Security Administration’s Benefit Offset National Demonstration (BOND)." American Journal of Evaluation 41, no. 4 (October 6, 2020): 547–63. http://dx.doi.org/10.1177/1098214020944236.
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The Benefit Offset National Demonstration (BOND) tested a $1 reduction in benefits per $2 earnings increase above the level at which Social Security Disability Insurance benefits drop from full to zero under current law. BOND included a rare and large “population-representative” experiment: It applied the rule to a nationwide, random sample of beneficiaries. BOND also included a parallel “volunteer” experiment: The same offset rules applied to a nationwide random sample of volunteers. BOND’s dual experiments offer a unique opportunity to consider the merits and limitations of these two types of experiments. The findings provide a way to illustrate the limitations of volunteer experiments relative to population experiments when, as in BOND, the goal is to produce impact estimates that are valid for the entire population, not just would be volunteers. We also highlight and compare ethical issues, outreach challenges, and cost considerations for the two types of designs.
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Geovana Fernandes Carneiro, Gabrielle, and Luiz Carlos Ferreira Moreira. "O CRITÉRIO DA BAIXA RENDA NA CONCESSÃO DO BENEFÍCIO ASSISTENCIAL À PESSOA IDOSA OU DEFICIENTE." Revista Científica Semana Acadêmica 9, no. 208 (September 21, 2021): 1–24. http://dx.doi.org/10.35265/2236-6717-208-9258.
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The theme is based mainly on the reality of many Brazilians who are not insured by the INSS (National Social Security Institute) who have some kind of disability or even reached the minimum age to retire. The purpose is to show the reality of many people who are unable to become insured and who depend on making their rights impossible. It deals with the Brazilian social assistance contained in article 203 of the Federal Constitution of 1988, with regard to the distribution of the value of income per capita of the minimum wage and shows that regardless of the situation of each family, there is a great discussion about this regularization in the our legal system. In this sense, the general objective of this study is related to the act of granting better living conditions to beneficiaries who have low income, through the application of the Organic Law on Social Assistance. In addition, the Continuous Payment Benefit will consist of a series of actions, measures designed to meet basic human needs, guaranteeing minimum social conditions for the necessary configuration of a dignified life, and providing health and protection (social security or social security) to prevent misfortunes caused by not working. Therefore, BPC (Continuing Benefit) found its identity in basic protection, as it aims to ensure that beneficiaries enjoy the right to family and community coexistence and social work with their families, contributing to meeting their needs and development your skills and competences.
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Livermore, Gina, Marisa Shenk, and David Stapleton. "Federal and State Expenditures for Working-Age People With Disabilities in Fiscal Year 2014." Journal of Disability Policy Studies 30, no. 2 (July 3, 2019): 111–17. http://dx.doi.org/10.1177/1044207319858721.
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Working-age people with disabilities are a large and growing segment of the U.S. population. Expenditures for a variety of federal and state safety-net programs to support these individuals—such as Social Security Disability Insurance, Supplemental Security Income, Medicare, Medicaid, and numerous others—are also growing. However, because expenditures are fragmented across so many programs, the full size and the extent of their growth have been obscured. For this study, we estimated how much the federal government spent on programs in 2014 to support working-age people with disabilities, and we assessed how the size and composition of those expenditures changed during the two 6-year periods preceding 2014. We found that in 2014, the federal government spent US$498 billion on programs to support the working-age population with disabilities, which represents 14% of all federal outlays. States contributed another US$94 billion under federal–state programs. From 2008 to 2014, inflation-adjusted federal expenditures for this population grew by 30%, nearly the same as observed from 2002 to 2008. Expenditures for health care accounted for half of all expenditures in 2014, up from 47% in 2008 and 46% in 2002, and replacing income assistance as the largest expenditure category.
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Bielefeld, Shelley, and Fleur Beaupert. "The Cashless Debit Card and rights of persons with disabilities." Alternative Law Journal 44, no. 2 (March 19, 2019): 114–20. http://dx.doi.org/10.1177/1037969x19831768.
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The Cashless Debit Card ( CDC) was triggered by a recommendation in the 2014 Forrest Review, ostensibly to address substance abuse and gambling issues. The CDC applies to a broad range of social security payments, defined as ‘trigger’ payments, including a Disability Support Pension ( DSP). This article contends that people with disabilities are likely to encounter a range of specific issues with the CDC, and that the scheme squares poorly with Australia's international human rights obligations to persons with disabilities. We argue that the CDC has pernicious effects in terms of deprivation of autonomy, subjection to stigma and denial of dignity.
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Essers, Ger, and Frans Pennings. "Gaps in social security protection of mobile persons: Options for filling these gaps." European Journal of Social Security 22, no. 2 (May 27, 2020): 163–79. http://dx.doi.org/10.1177/1388262720925279.
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The effects of crossing borders can be advantageous or disadvantageous for the persons concerned; these are all part of the game and cannot be challenged on the basis of EU law. After all, the Treaty on the Functioning of the European Union (TFEU) does not provide powers for harmonisation, but only for coordination. However, the coordination rules themselves may make a person worse off when he or she makes use of the right to free movement. More precisely, such an effect may occur in combination with differences between national systems to which coordination rules are applied. One example is that the coordination rules provide that a person is subject to unemployment benefits in the country of residence and, as a result, if that person becomes ill, also to sickness benefit in that country. If the duration of sickness benefit in the country of residence is 52 weeks, but the waiting period for disability benefit (supposing, for instance, that this is (mainly) due from the country of employment) is 104 weeks, there is a gap of 52 weeks in protection. The relevance of such gaps is not to solve particular cases as such; after all, these are closely linked to particular national systems. The relevance lies in the more general approach that is now being developed by the Court of Justice to address such gaps. This will be useful in cases other than those discussed here and may be further developed in order to be codified in the Coordination Regulation.
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Mehmedović, Emir, and Mehmed Hadžić. "Izazovi "nepotpunog zakonodavstva" / Challenges of "Incomplete Legislation"." Pregled: časopis za društvena pitanja / Periodical for social issues 62, no. 2 (November 29, 2021): 61–86. http://dx.doi.org/10.48052/19865244.2021.2.61.
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The employment status of police officers in BiH is regulated by the Law on Police Officers of Bosnia and Herzegovina and the Labour Law in Institutions of Bosnia and Herzegovina, which the basic texts were adopted in 2004 with a number of amendments that followed in later years. In the context of the relationship between these two laws, the Law on Police Officers is a lex specialis in relation to the Labour Law in Institutions of BiH. Unlike the employment status of police officers of BiH, which is insufficiently but still regulated, the segment of social security of these officers, specifically social insurance, whose basic branches are pension and disability insurance, health insurance and unemployment insurance, is regulated exclusively at the entity level. Which legislation will apply in each case depends solely on the residence of the police officer. In exercising their health insurance rights, specifically the right to a salary, police officers exercise this right to varying degrees, and in certain cases with additional restrictions on exercising their rights depending on their place of residence and consequently the entity legislation applicable to them. Regarding to pension and disability insurance, which is largely harmonized at the entities level, there have been some dilemmas regarding the interpretation of the institute of retirement by some police authorities at the level of Bosnia and Herzegovina. Termination of the employement of police officers is related to the length of pensionable service. Two key questions are related to the institute of special seniority and interpretation of the institute of seniority insurance.