What We Should Do About Social Security Disability : A Response to Richard J. Pierce, Jr

In a previous issue of Regulation, law professor Richard J. Pierce, Jr. argued that administrative law judges (ALJs) for Social Security disability programs are largely responsible for the programs' awarding of benefits to applicants whose claims are of questionable merit. Those awards, in turn, are partly responsible for the disability programs' precarious finances. He recommends discontinuing the ALJ appeals process. We argue that appealing to ALJs is an important part of a just and fair process. We further argue that the problems with the disabilities programs lie in the Social Security Act itself and the outdated jurisprudence underlying the current system. With response by Richard J. Pierce, Jr