Disability Adjudication Structure

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Page 8 - ... introduced an entirely new concept in the Federal social insurance system. Unlike the grant-in-aid programs, the relationship between the Department and the States is a contractual one, with no implementing state legislation required. "However, state laws and practices are controlling with regard to many administrative aspects since the personnel are State employees and are controlled by various departments of the state government. The State agencies, acting on behalf of the Secretary of HEW...
Page 50 - SSA scheme of social insurance would be significantly undermined were the opportunity for a face-to-face encounter with the demonstrably independent decisionmaker eliminated from the system. To be sure independence could be structured apart from the APA. But in our view the savings would be very modest because one would want protections for decisional independence very much like the ones the APA provides and would, in addition, want people with qualifications (and therefore salaries) very much like...
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Page 47 - examination" by a panel of experts; that the hearing process be retained, but made fully adversary; that one or another level of agency review be abolished; that judicial review be precluded or shifted to magistrates or to an article I court; that the substantive standard be changed, or at least sharpened by the development of regulations or precedent decisions.
Page 47 - ... examination" by a panel of experts; that the hearing process be retained, but made fully adversary; that one or another level of agency review be abolished; that judicial review be precluded or shifted to magistrates or to an article I court; that the substantive standard be changed, or at least sharpened by the development of regulations or precedent decisions. (b) The National Center for Administrative Justice has recently concluded the most comprehensive study yet undertaken of the social...
Page 1 - Report by both the Committee on Ways and Means and the Committee on Finance. The "Declaration of Policy
Page 53 - ... There but for the grace of God go I." One doctor whose word cast this claimant into the limbo never saw him, never examined him, never took his vital statistics nor saw him try to walk or bend or lift weights. He was a "medical advisor" to HEW. The use of circuit riding doctors who never see nor examine claimants to defeat their claims should be beneath the dignity of a great nation. Three other doctors who were not subject to cross-examination were experts retained and paid by the Government....
Page 50 - It is our view that public trust in the SSA scheme of social insurance would be significantly undermined were the opportunity for a face-to-face encounter with a demonstrably independent decisionmaker eliminated from the system.
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