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Reply #4: The legislation should be changed then [View All]

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theboss Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-03 08:49 PM
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4. The legislation should be changed then
The Court was unanimous in stating that SSI clearly establishes a two part test:

1. An individual's physical or mental impairment must render him "unable to do his previous work."
2. The impairment must also preclude him from engaging in any other kind of substantial gainful work.

I think the decision is correct, if unfortunate. My suggestion would be eliminate the first part of the test, which the court can't do or add "unless previous work no longer exists in substantial numbers."

Though how often do entire types of work completely disappear?
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