No longer disabled: the federal courts and the politics of social security disability
This book focuses on the Reagan administration's broad attempt from 1980 to 1984 to strike thousands of Social Security disability recipients from government rolls. . . . [Mezey] enriches her study with a brief history of federal disability policy and provides a review of contending arguments over public policy and judicial activism. Of particular interest is the legal battle over the medical criteria used for determining desability and the SSA's deliberate policy of nonacquiescence when confronted with adverse judicial rulings. . . . A well-documented and valuable addition to case studies on the Reagan administration's efforts to cut human services. Choice This book is a case study of judicial policy making. It focuses on the role of adjudication in the making and refining of federal policy. It goes beyond the scope of most treatments of social security and the disability policy to examine the stages of judicial review and subsequent legislative and bureaucratic responses to adjudication. It then proceeds to analyze the resulting changes in legislative policies. The study is devoted to two themes. First, it provides an opportunity for empirical analysis of the role of the lower federal courts in the policy making arena; second, it examines the role of litigation as a political activity. This issue serves as a timely opportunity to explore the impact of federal courts on bureaucratic and congressional policies by focusing on the interactions of institutions involved in the disability policy-making process. By examining the effects of the courts on social policy, this case study offers new perspectives on the role of the federal courts in the political system.
21 pages matching statute in this book
Results 1-3 of 21
What people are saying - Write a review
We haven't found any reviews in the usual places.
The Politics of Litigation Activity
The Shaping of Social Security Disability Policy
6 other sections not shown
1980 Amendments 1st Sess 2d Sess 98th Cong adjudication administrative agencies administrative law judges Agency Action Agency's ALJs allowance appeal appellate court attorneys awarded Bellmon bill bureaucratic claimant collateral estoppel Congress congressional continuing eligibility decisionmaking determination Disability Amendments disability beneficiaries Disability Insurance Disability Insurance Program disability litigation disability policy disability program disability reform disability rolls Disability Terminations District Court Edward Berkowitz federal courts Harvard Law Review hearing Heckler House Ibid impairment implementation individual initial issue judicial activism judicial review judiciary Justice Law Review lower courts Mashaw medical improvement standard Mendoza ment nonacquiescence nonacquiescence policy Oversight of Disability percent periodic review plaintiffs political regulations relitigate review process role rule Secretary Secretary's Social Security Act Social Security Administration Social Security Administration's Social Security Disability SSA's stare decisis statement of Rep statute statutory interpretation Subcommittee substantial evidence substantial gainful activity Supreme Court welfare York