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Abstract

Recent legislation has led to removal of more than 374,000 individuals from the Social Security disability rolls. After a study indicated that a significant percentage of beneficiaries were not actually entitled to Social Security disability payments, the Act was amended to provide for mandatory and frequent review of nearly all individuals on disability, resulting in the rise in removals. Removing large numbers of disabled individuals from the disability rolls shifts the responsibility for their care from the federal to the municipal level. While circuits do not have a unified view of the burden of proof in disability benefit termination proceedings, there is a growing trend toward a presumption of ongoing disability. This Note suggests that this trend should be followed as it is consistent with the purposes of the Social Security Act. Straying from such a presumption puts an unjustified burden of proof on the disabled.

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