Case Evaluation in the United States
Work-up and Evaluation of the Case (in Disability Claims)
Contents
- Distinguishing the types of disability law
- Insured status computation
- Obtaining medical data and information
- Obtaining physician records
- Getting proper evaluation standard from physician
- Obtaining hospital records
- Obtaining other evidence of disability
- Attorney actions
- Legal assistant/legal secretary actions
- Evaluation of pain
- Obtaining employment or social security records where necessary
- Obtaining and reviewing social security issues
- Having client evaluated where necessary
- Administratively initiated evaluation of the claimant
- Checking to see if client has fled other litigation
- Contacting lay witnesses regarding disability
Case Comments
A case comment is a brief student-written article, usually around 10 pages long, explaining and offering commentary on a recent court decision. Case comments traditionally have served three functions:
- Alerting readers to a recent decision,
- Offering a scholarly assessment of the decision soon after the decision is out, hopefully before academics and appeals courts have had time to digest it, and
- Helping editors improve their writing skills and generating a writing sample for future job applications. (…)
In general, the quality of legal analysis generated by the blawgs is notably higher than that of case comments; practitioners and law professors have more expertise and experience than 2Ls, and the back-and-forth debate online generally tightens loose thinking pretty quickly. In contrast, student case comments are usually short on perspective and long on political agendas; the majority seem to fall into the “I’m liberal and want to bash the Rehnquist Court” mold, or the “I’m conservative and this Reinhardt decision is nuts” mold.
By the time case comments come out, usually about a year after the decision, it is too little, too late. Litigants, judicial clerks, and anyone else involved in the case can read the output of the blawgs online and take away whatever lessons they wish from the commentary; few are going to go hunting through westlaw for student comments a year or two later. (…)
Perhaps the third function of case comments is enough to keep case comments alive, at least for a decade or two. But my prediction is that journals will (…) focus more on scholarship surveys (where student reviews could be very helpful) and broader note topics.
Author: Orin Kerr
Obtaining and Reviewing Social Security Case Evaluation (in Disability Claims)
Some information about Obtaining and Reviewing Social Security case evaluation in this context.
Evaluating the Case For the Hearing (in Disability Claims)
Some information about Evaluating the Case For the Hearing in this context.
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