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The Color of Social Security, Race, Disability and Disparity – NOSSCR 2026 Fall National Conference – Track I (Presented by National Organization of Social Security Claimants’ Representatives)

Bias in disability adjudication is documented — from ALJ hearings to race-normed clinical tests to the Sickle Cell listing. Learn the evidence, the recent POMS, HHS, and National Academies developments, and the remedies: equal protection arguments and policy fixes for race-norming and benefit restrictions.

2026-10-15 11:00:00

1 hours

Program Details

2026-10-15 11:00:00

2026-10-15 11:00:00

1h CLE Credits

2026-10-15 11:00:00

1 hours

Program Details

2026-10-15 11:00:00

Program Details

2026-10-15 11:00:00

Over 1,000+ webinars

2026-10-15 11:00:00

1 hours

Course Overview

The Bias Is Documented. The Remedies Are on the Table

2026-10-15 11:00:00

The ground has shifted. A 2023 POMS provision now mitigates race-normed eGFR tests in kidney impairment evaluations. 2024 HHS regulations proscribe race-norming by covered entities such as the DDSs. And a December 2025 National Academies report, commissioned by Commissioner O’Malley, documents the unsupported raising of the Sickle Cell Disease Listing bar.

The disparities run through the whole system. Adjudicative bias is demonstrated in ALJ hearings. Medical bias with antebellum origins devalues Black pain — disparate opiate treatment, “drug-seeking behavior” stereotypes. Race-norming persists on PFTs in lung impairment cases with no SSA policy action. Statutory criminal-justice restrictions — the OASDI incarceration suspension, the SSDI felony-related impairment exclusion — carry present disparate racial impact.

You walk out with the remedies in hand: suggested remedies for systemic adjudicative bias, proposed remedies for race-norming, the equal protection constitutionality of race-norming by SSA and the DDSs alike, and the public-policy case against the criminal-justice benefit restrictions.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Adjudicative Bias in Hearings
The history and treatment of demonstrated adjudicative bias in ALJ hearings, and suggested remedies for systemic bias.
02
Medical Bias and Pain
The antebellum origins and documented present-day devaluing of Black pain — disparate opiate treatment and “drug-seeking behavior” stereotypes.
03
Race-Norming in Clinical Tools
The 2023 POMS provision on race-normed eGFR tests, SSA’s inaction on PFTs and other race-normed impairment areas, and the 2024 HHS regulations.
04
Equal Protection and Remedies
The equal protection constitutionality of race-norming by SSA and the DDSs alike, and proposed remedies for disability cases.
05
The Sickle Cell Listing
The unsupported 2015 raising of the SCD Listing bar, the December 2025 National Academies report, and SSA’s contrasting response to Cystic Fibrosis listing comments.
06
Criminal-Justice Restrictions
The origins, present disparate racial impact, and public-policy counter-productivity of the OASDI incarceration suspension and the SSDI felony-related impairment exclusion.

Program schedule

clock 11:00 am - 12:00 pm EST

The Color of Social Security, Race, Disability and Disparity

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.

Jon C. DubinJon C. Dubin
Jon C. Dubin

Jon C. Dubin

Rutgers Law School

Jon C. Dubin

Jon C. Dubin

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.

Education & Credentials

He is a graduate of NYU Law School and Dartmouth College.

Recognition & Leadership

He is an elected member of the National Academy of Social Insurance; recipient of the National Organization of Social Security Claimant Representatives (NOSSCR’s) Distinguished Service Award; has supplied solicited testimony to Congress on Social Security Disability Reform; served on the Administrative Conference of the United States (ACUS), Social Security Disability Adjudication Working Group; and served on the Board of Directors of the National Center for Law & Economic Justice/Center for Social Welfare Policy & Law.

Professional Involvement

He has authored or co-authored numerous books on Social Security Law, Policy or Practice including: SOCIAL SECURITY DISABILITY LAW AND THE AMERICAN LABOR MARKET (NEW YORK UNIVERSITY PRESS, 2021); SOCIAL SECURITY LAW AND PRACTICE IN A NUTSHELL (Co-authored with Frank S. Bloch, West Acad. Pub. Co. 2022); ) and SOCIAL SECURITY LAW, POLICY AND PRACTICE: CASES AND MATERIALS (Co-authored with Frank S. Bloch, West Acad. Pub. Co., 2016) His latest forthcoming book is under contract with Cambridge University Press (CUP): THE COLOR OF SOCIAL SECURITY: RACE, RETIREMENT, DISABILITY AND DISPARITY IN THE CROWN JEWEL OF THE WELFARE STATE (CUP, forthcoming 2026).

Experience

His own law school clinical practice for over 35 years has focused on the social security disability programs, including co-counseling the successful appeal and serving as the principal drafter of the Petitioner’s Brief in the U.S. Supreme Court in Sims v. Apfel, 530 U.S. 103 (2000)—a case in which the high court also twice cited Dubin’s National Equal Justice Library award-winning COLUMBIA LAW REVIEW article Torquemada Meets Kafka (1997) and adopted the article’s doctrinal label, “issue exhaustion,” and reasoning in its decision. He was also Counsel of Record for 56 law professors from 40 law schools as Amicus Curiae in the U.S. Supreme Court in Carr v. Saul, 593 U.S. 83 (2021) (extending Sims), and has supervised a dozen successful appeals in the U.S. Courts of Appeal, and countless successful appeals in the district courts and in social security administrative hearings.
Jon C. Dubin

Jon C. Dubin

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.

Education & Credentials

He is a graduate of NYU Law School and Dartmouth College.

Recognition & Leadership

He is an elected member of the National Academy of Social Insurance; recipient of the National Organization of Social Security Claimant Representatives (NOSSCR’s) Distinguished Service Award; has supplied solicited testimony to Congress on Social Security Disability Reform; served on the Administrative Conference of the United States (ACUS), Social Security Disability Adjudication Working Group; and served on the Board of Directors of the National Center for Law & Economic Justice/Center for Social Welfare Policy & Law.

Professional Involvement

He has authored or co-authored numerous books on Social Security Law, Policy or Practice including: SOCIAL SECURITY DISABILITY LAW AND THE AMERICAN LABOR MARKET (NEW YORK UNIVERSITY PRESS, 2021); SOCIAL SECURITY LAW AND PRACTICE IN A NUTSHELL (Co-authored with Frank S. Bloch, West Acad. Pub. Co. 2022); ) and SOCIAL SECURITY LAW, POLICY AND PRACTICE: CASES AND MATERIALS (Co-authored with Frank S. Bloch, West Acad. Pub. Co., 2016) His latest forthcoming book is under contract with Cambridge University Press (CUP): THE COLOR OF SOCIAL SECURITY: RACE, RETIREMENT, DISABILITY AND DISPARITY IN THE CROWN JEWEL OF THE WELFARE STATE (CUP, forthcoming 2026).

Experience

His own law school clinical practice for over 35 years has focused on the social security disability programs, including co-counseling the successful appeal and serving as the principal drafter of the Petitioner’s Brief in the U.S. Supreme Court in Sims v. Apfel, 530 U.S. 103 (2000)—a case in which the high court also twice cited Dubin’s National Equal Justice Library award-winning COLUMBIA LAW REVIEW article Torquemada Meets Kafka (1997) and adopted the article’s doctrinal label, “issue exhaustion,” and reasoning in its decision. He was also Counsel of Record for 56 law professors from 40 law schools as Amicus Curiae in the U.S. Supreme Court in Carr v. Saul, 593 U.S. 83 (2021) (extending Sims), and has supervised a dozen successful appeals in the U.S. Courts of Appeal, and countless successful appeals in the district courts and in social security administrative hearings.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

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.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs