The article analyzes whether or not the principles laid out in SEC v. Chenery (318 U.S. 80) from 1943 should apply to Social Security disability cases in the U.S. The author examines various aspects of social security disability case practice as of September 2011, including the judicial review provisions of the U.S. Social Security Act, the arguments for and against the application of Chenery to social security cases, and the burden of the remand process on the courts and the parties.
Bryan C. Bond,
Taking It on the Chenery: Should the Principles of Chenery I Apply in Social Security Disability Cases,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol86/iss5/14