The Federal Court Review of the National Day of Prayer

The national day of Prayer, on the first Thursday of May, has been recognised in America since 1952. It is an occasion when all citizens, regardless of their religious background, are asked to spend time in prayer and reflection. However, some claim it is at odds with the establishment clause of the constitution and that the government should be secular and that religious practices are a matter of private choice. A case against the law has been upheld and it may be abolished in the near future.

The United States was first settled by Christians opposed to the control of religion by the state in England and who sought to practise their beliefs freely. Since that time, religion, particularly protestantism, has been an integral part of America's history, culture and heritage. Even in today's society, a significant proportion of the population are regular church attendees who base their actions and philosophy on Christian principles.

Although not officially a law until 1952, the idea of a national day of prayer goes back to 1775, when the constitutional congress recommended that July 20 be designated for this purpose. President John Adams asked the people of the newly formed nation to ask for God's protection on May 9 1798. During the bloody civil war of the 1860s, President Abraham Lincoln thought that a day of prayer would atone for the sins which had brought about the conflict and bring peace to the devastated country.

The day was made official by Harry Truman in 1952, and the national prayer committee was formed in 1982 to co-ordinate the event on a federal state and local level. It has been recognised by the administrations of Ronald Reagan, George Bush senior, and George W. Bush but not by their democratic counterparts, Bill Clinton and Barack Obama.

Opposition to the law was brought before court by the Freedom from Religion Foundation (FRFF) in 2008, who claimed that it contravened the First Amendment to the Constitution which prevents the federal government from enforcing religious observances.

Judge Crabb's later ruling, in April 2010, found the statute to be unconstitutional, and she stated that while the government could promote religious freedom, it could not enforce a religious practice, which should be a matter for the individual conscience. She added that she was not questioning the power of prayer or preventing people from freely acknowledging the day.

At present, the matter is still before the court as there are appeals still to be heard. Whether or not it continues to be an official event on the calendar, religion continues to hold a central place in American society.

SSDI Appeal - What Next?

Receiving a denial letter after months of waiting to hear the results of a Social Security Disability Insurance (SSDI) claim can be discouraging, especially when your personal finances are becoming increasingly uncertain. You may wonder whether an appeal is truly worthwhile or if it will reach the same exasperating outcome. Don't give up on the process out of frustration; about 40% of SSDI applicants are initially denied, but many of these claims are eventually approved. Applying for an appeal offers you the opportunity to learn from your mistakes and build a stronger case the next time you have to defend your medical condition.

Educate Yourself on SSDI Requirements

The approval or denial of your SSDI application is often directly related to your personal understanding of the process. Minor errors on an application, such as vagueness or incomplete records, can limit the reviewer's ability to comprehend the extent to which an applicant is incapacitated by the disability. Consulting someone with an extensive knowledge of SSDI laws and requirements--such as a SSDI attorney--is one option for improving your understanding of the methods the Social Security Administration (SSA) uses to assess applicants.

Review Your Information

You have 60 days following the denial to submit an application for an appeal. Use that time productively to review your first application in order to correct errors and adjust any information that may be incomplete. It is particularly helpful to look at the statements and clinical records written by your doctors. It is not uncommon for doctor's records to report that the patient is "doing well", "doing better" or "improving", which the SSA reviewer interprets as an indication that the condition has improved and/or is not disabling.

You should update your application with any recent medical attention you received, and make a note of any significant decline in health. If you decide to hire a SSDI attorney, he or she may contact your physician to explain the situation and obtain a statement that more accurately reflects your limitations.

SSDI Appeals Hearings

Completing paperwork for an appeal is a fairly simple process, but after your paperwork is submitted you will likely wait weeks, or even months, before a hearing date is set. A great deal of time may pass before you receive another notification from the SSA, but it is possible to have your hearing expedited if you can prove that there is "dire need."

Before awarding SSDI benefits, the Social Security Administration must determine that your disability prevents you from continuing your current work or pursuing other types of employment. Try to evaluate your application from the point-of-view of a judge, and use those considerations to prepare for the hearing. Do not approach the situation with an exaggerated statement, but be careful not to downplay your disability either. A different reviewer or judge will evaluate the appeal, eliminating the chance of having your case compromised by personal bias.

While it may be upsetting when you first get that denial letter and face preparing for an appeal, working with an SSDI attorney can help explain the process to you, lessen your anxiety, and, most importantly, improve your chances for a successful outcome.