Pain by Keith Wailoo Page B

Heritage Foundation: 1982).
    4 . See for example, box OA7423: Hemmel, Eric: Files—Policy Development—box 2, folder: social security background (1), April 10, 1981, memo—regarding Peter Ferrara’s proposals for social security reform.
    5 . For HHS roll reduction statistics, see Marian Oseterweis, Arthur Kleinman, and David Mechanic, eds.,
Pain and Disability: Clinical, Behavioral, and Public Policy Perspectives
(Washington, D.C.: National Academy Press, 1987), 30; for “they cut my social security …,” see Margaret Engel, “U.S. Gets Tough with Disabled,
Washington Post
, September 7, 1982, A1; for volume of pain and disability litigation, see David Lauter, “Disability-Benefit Cases Flood Courts,”
National Law Journal
(October 17, 1983): 1.
    The legal literature produced in the wake of the Reagan-era disability and pain policy shifts is expansive. See for example, George R. Zaiser, “Proving Disabling Pain in Social Security Disability Proceedings: The Social Security Administration and the Third Circuit Court of Appeals,”
Duquesne Law Review
22 (1983–1984): 491–520; Margaret Rodgers, “Subjective Pain Testimony in Disability Determination Proceedings: Can Pain Alone Be Disabling?”
California Western Law Review
28 (1991–1992): 173–211; Jon Dubin, “Poverty, Pain, and Precedent: The Fifth Circuit’s Social Security Jurisprudence,”
St. Mary’s Law Journal
81 (1993–1994): 81–141.
    6 . Charles R. Morris, “Why Liberal Programs Have Failed,”
Los Angeles Times
, September 30, 1984, D1.
    7 . Laura Kalman,
Right Star Rising: A New Politics, 1974–1980
(New York: Norton, 2011).
    8 . “Secretary of Collision.”
    9 . For rise in disability payments, see “Don’t Disable Social Security,”
New York Times
, July 19, 1979, A18; for number of disability awards, see Office of Policy, Social Security Administration,
Trends in the Social Security and Supplemental Security Income Disability Programs
, www.ssa.gov/policy/docs/chart books/disability_trends/sect04.html ; for Califano’s focus on fraud, see “HEW Revamping Ordered,”
Baltimore Sun
, March 9, 1977, A1. Califano predicted that “the savings for U.S. taxpayers related to these reorganization initiatives, especially those involving efforts to eradicate errors, fraud, and abuse, will be at least $1 billion over the next two years and will reach a total of at least $2 billion annually by 1981.” For “so wary of offending …,” see “Don’t Disable Social Security,”
New York Times
, July 19, 1979, A18. As many scholars have noted, the new field of law and economics became allied with conservatism in launching such critiques. See, for example, Steven Teles,
The Rise of the Conservative Legal Movement: The Battle for Control of the Law
(Princeton, NJ: Princeton University Press).
    10 . For Nixon era expansion and consolidation, see James Sparrow,
Warfare State: World War II Americans and the Age of Big Government
(Oxford: Oxford University Press, 2011); for cost and recipient statistics, see Robert Rubinson, “Government Benefits: Social Security Disability, 1987,” Annual Survey of American Law (June 1988): 195, 196; for changes in SSDI contributors and recipients, see Rodgers, “Subjective Pain Testimony,” 174.
    11 . “Don’t Disable Social Security,”
New York Times
, July 19, 1979, A18.
    12 . For “the largest computer system …,” see Grayson Mitchell, “Computer to Aid Welfare Policing,”
Los Angeles Times
, May 6, 1979, SC1; in terms of welfare program policing, even before Reagan’s electoral victory, Carter himself had “shifted uneasily towards deregulation (of airlines and trucking) as a partial solution to the crisis of stagflation.” David Harvey,
A Brief History of Neoliberalism
(New York: Oxford University Press, 2005), 22, 23.
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