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Social Security Determinations
In a medical malpractice litigation, should a Social Security Administration (SSA) determination of disability be admitted as evidence? In a May 2 decision, the U.S. District Court for the District of New Jersey prohibited a plaintiff's request to introduce into evidence the SSA's conclusion that the plaintiff was, at least in part, disabled as the result of the operation that was the subject of the claim. The case, Orber v. Jain, 2012 U.S. Dist. LEXIS 61332 (5/2/12), was decided by U.S. District Judge Renee Marie Bumb, who concluded that the SSA's Disability Determination was inadmissible for being not only cumulative but also more prejudicial than probative.
The Case
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