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Conflict and Compromise Among Ideals of Administrative Justice, 1981 Duke Law Journal 181 (1981)


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's 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's failure to emphasize the role of professional judgment, and to adopt a service orientation, as the program's major deficiency.

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