Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural relationships established between the different programs, Professor Liebman suggests a set of principles to guide future legislative developments and judicial decisions.
The Definition of Disability in Social Security and Supplemental Security Income: Drawing the Bounds of Social Welfare Estates,
Harv. L. Rev.
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