Social Security- Research Guide
by Crata Castleberry, Branch Librarian, Little Rock
Introduction | Statutes | Cases | Regs, Rules, Forms | Agencies
Treatises | Law Reviews | Blogs & News | Related Resources
The moral test of government is how it treats those who are in the dawn of life,
the children; those who are in the twilight of life, the aged;
and those who are in the shadows of life, the sick,
the needy and the handicapped. - Hubert H. Humphrey
Social security is designed, as the title suggests, to provide security. To protect individuals from unforeseen catastrophes, the government spreads certain risks among all members of society so that no single family bears the full burden of such occurrences. The Social Security Act was signed into law on August 14, 1935 to provide old age, survivors, and disability insurance benefits to workers and their families. Unlike welfare, social security benefits are paid to an individual or his or her family at least in part on the basis of that person’s employment record and prior contributions to the system.
The Great Depression of the 1930s triggered a crisis in the nation’s economic life with the economic well-being of the American family at stake. In June 1934, President Roosevelt announced his intention to provide a program for Social Security, and then in 1935 the Social Security Act became law.
Current usage associates the phrase with old age, survivors, and disability insurance (OASDI) which pays out monthly benefits to retired people, to families whose wage earner has died, and to workers unemployed due to sickness or accident. Once an individual has qualified for protection, certain other family members are protected as well. Financial need is not a requirement. While the Social Security Act is a federal law that governs an applicant’s right to benefits, state substantive law governs some of the family relationship issues that may impact that right such as the validity of a marriage. Since 1965, it has included health insurance benefits under the Medicare program.
This research guide covers issues of entitlement and benefit calculation arising out of the set of programs popularly referred to as Social Security. These programs touch the lives of well over 90 percent of all persons living or working in the United States and provide critical income to those who have retired or ceased working due to severe physical or mental disability. They also provide income to the other members of a worker's family when the worker has retired, become disabled, or died. Both individually and collectively the amounts are very large. For a majority of those receiving Social Security, the benefits represent at least half their total income. Total payments amount to more than $450 billion a year.
Title II of the Social Security Act appears in the U. S. Code beginning with Title 42, §§ 401. The regulations relating to Title II are contained in chapter III, Title 20, Code of Federal Regulations, beginning with 20 CFR 404.
Federal
• 42 U.S.C. § 301 - 1397
• United States Code; KF61 .A2; Located in St. Louis, Des Moines, Fargo, Kansas City, Lincoln, Little Rock, Minneapolis, Omaha, and St. Paul. Available online at House of Reps., LII, Findlaw, GPO, Westlaw: USC .
• United States Code Annotated (USCA); KF 62.5 .W45; Located in St. Louis, Des Moines, Fargo, Kansas City, Lincoln, Little Rock, Minneapolis, Omaha, and St. Paul. Available on Westlaw at FGB-USCA .
• United States Code Service (USCS); KF62 .L38; Located in Des Moines, Fargo, Kansas City, Little Rock, Minneapolis, Omaha, and St. Paul. Available on Lexis at GENFED;USCS .
8th Circuit States only
• Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
Online
• Westlaw - Federal Social Security Cases - All Courts - FGB-CS
State Government Benefits Cases (Multistate) - MGB-CS
• Lexis - Workers’ Comp and Social Security Disability
• West’s Social Security Reporting Service: Social Security Cases;
KF 3649 .A1 W47. Located in St. Louis, Kansas City, Lincoln, Minneapolis, and St. Paul. Available on Westlaw at SSRS.
• 20 CFR Section 400-499 - Title 20 - Employee Benefits,
Chap. III - SS Admin.
• Social Security Administration Rulings - on Westlaw, see FGB-SSR
• Social Security Program Operations Manual (POMS)
• Dictionary of Occupational Titles - on Westlaw, see DICOT
• O*NET - the Occupational Information Network - a comprehensive database of worker attributes and job characteristics. As the replacement for the Dictionary of Occupational Titles (DOT), O*NET will be the nation's primary source of occupational information.
• Social Security Administration; Available on the Internet. This is the official web site of the U. S. Social Security Administration. The web site provides many services as well as a way to change your address, telephone number, to request a replacement Medicare card, and to request a Proof of Income letter.
• National Organization of Social Security Claimants’ Representatives ; NOSSCR Online. NOSSCR is an association of over 3,300 attorneys and paralegals who represent Social Security and Supplemental Security Income claimants. Members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.
• S.S.A.S - Social Security Advisory Service. Available only on the Internet. This service offers information about Social Security and its programs, but is not affiliated with the Social Security Administration (SSA) or any other agency.
• National Senior Citizens Law Center (NSCLC); The National Senior Citizens Law Center advocates nationwide to promote the independence and well-being of low-income elderly individuals and persons with disabilities. NSCLC advocates through litigation, legislative and agency representation and assistance to attorneys and paralegals in field programs.
• Social Security Law and Practice - KF 3649 .S65. Located in St. Louis, Des Moines, Fargo, Kansas City, Little Rock, and Omaha. Available on Westlaw at SSLP
• Social Security Disability: Law and Procedure in Federal Court (Kubitschek); KF 3649 .K82 1994. Located in St. Louis, Little Rock, Lincoln, and Omaha.
• Bloch on Social Security Disability; Not held by the Library.
Available on Westlaw, see BLOCHSS
• Medical Proof of Social Security Disability, by Hirschman; Located in St. Louis, Minneapolis, and Kansas City. Available on Westlaw, see MPSSDIS
• Social Security Claims & Procedures, by McCormick; Located in St. Louis, Fargo, Kansas City, Little Rock, Minneapolis, and St. Paul. Available on Westlaw, see SSCLP
• Medicare and Medicaid Claims and Procedures, by McCormick; Located in St. Paul. Available on Westlaw, see MEDCLAIMS
• Social Security Handbook; Available Lexis at SSAHBK and on the Internet. An Online handbook that provides one-stop shopping for current information about retirement benefits.
• SSA Program Operations Manual System ; Available on Lexis at POMS and on the Internet. The POMS is a primary source of information used by Social Security employees to process claims for Social Security benefits.
• Elder Law Journal; Not held by the Library; Available on Westlaw at ELDLJ and on Lexis at ELDLJ.
• Social Security Bulletin; Not held by the Library; Available on the Internet, on Westlaw at SSBULL and on LEXIS at SSBLTN.
• AARP Issues Blog; Available on the Internet. This blog is sponsored by the American Association of Retired Persons. It is an online resource for staying current with important issues in aging, including economic and retirement security; health and wellness; global aging; livable communities, and mobility.
• Social Security Choice; Available on the Internet. This blog is sponsored by the Club for Growth. The goal is to promote “The Ownership Society” by advocating personal accounts for Social Security.
• Social Security eNews; Available on the Internet. This free electronic newsletter provides newsworthy topics of general interest.
• CNN’s Social Security Report
• LII’s Social Security page and SS library
• The Social Security Network (Century Foundation)
• Social Security Reform Center (Heritage Foundation)
Created November 2005. Updated April 2006.