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Program Details
2026-10-15 11:00:00
Over 1,000+ webinars
Course Overview
2026-10-15 11:00:00
1h CLE Credits
Intermediate
1
This session will address the history and treatment of demonstrated adjudicative bias in ALJ hearings and suggested remedies for systemic bias, as well as the historical, antebellum origins and impact of documented present-day medical bias in the assessment of pain and symptomology and the devaluing of Black pain, including the consequences of disparate pain treatment with opiates and stereotypes of “drug-seeking behavior.”
The session will also examine the history and ongoing problem of race-norming and race correction in clinical care support tools, including the application of a recent (2023) POMS provision mitigating use of race-normed eGFR (kidney function) tests in kidney impairment disability evaluations—but no SSA policy action on known race-norming on PFTs (pulmonary function tests) in lung impairment cases, among several other racially normed impairment areas, and no action in response to more recent (2024) HHS regulations proscribing race-norming more broadly by “covered entities” such as the DDSs—along with the equal protection constitutionality of race-norming by SSA and the DDSs alike, and proposed remedies for addressing race-norming in disability cases.
Attendees will further explore the lack of medical or scientific support for the raising of the bar on the Sickle Cell Disease Listing in the 2015 SCD listing changes, as now documented in the December 2025 National Academies report commissioned by Commissioner O’Malley, and SSA’s disparate response to medical community comments on proposed regulations on a Black-identified genetically linked condition like Sickle Cell Disease in contrast to its treatment of medical community comments on a white-identified genetically linked condition in responding to comments on proposed changes to the Cystic Fibrosis listing.
Finally, the session will cover the historical origins, present disparate racial impact, and public policy counter-productivity of the statutory criminal-justice-system-involved restrictions on Social Security benefits, including the incarceration benefits suspension law in OASDI and the felony-related impairment exclusion in the SSDI program.
Eligible for up to 1 CLE Credit Hour
This session was originally submitted for CLE as a live, in-person presentation and a live webcast for the 2026 Fall National Conference and may be eligible for self-study credit. Each state handles self-study credit differently; for questions, please consult your State Bar Association.
Recorded Thursday, October 15, 2026.
Rutgers Law School
Rutgers Law School
Jon C. Dubin is the Board of Governors Distinguished Service Professor, Distinguished Professor of Law, Paul Robeson Scholar and Director of the Economic Justice and Public Benefits Clinic at Rutgers Law School, Newark Campus where he teaches Administrative Law; Social Security Law; Poverty, Race & Economic Justice; and the Economic Justice & Public Benefits Clinic.
Rutgers Law School
Jon C. Dubin is the Board of Governors Distinguished Service Professor, Distinguished Professor of Law, Paul Robeson Scholar and Director of the Economic Justice and Public Benefits Clinic at Rutgers Law School, Newark Campus where he teaches Administrative Law; Social Security Law; Poverty, Race & Economic Justice; and the Economic Justice & Public Benefits Clinic.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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