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Conflict and Compromise Among Ideals of Administrative Justice

By Jerry L Mashaw

Abstract

In recent years there has grown a substantial, but diverse, critical literature on the administration of disability benefits under Titles II and XVI of the Social Security Act. One strand of the commentary is concerned that the disability program of the Act fails to provide adequate service to claimants and beneficiaries. This view implicitly characterizes the program\u27s purposes as paternalistic and therapeutic, purposes that seem to require that healthcare, vocational, social-service, and other professionals have a major role in program administration. Commentators holding this view see the disability program\u27s failure to emphasize the role of professional judgment, and to adopt a service orientation, as the program\u27s major deficiency

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1981
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-2148
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