Reevaluating Administrative Evidence Policy: The Case for Two Exclusionary Rules at Social Security Administrative Hearings

Authors

Max Bookman, Benjamin N. Cardozo School of Law

Abstract

The note advocates for the adoption of two specific exclusionary rules in Social Security Administration (SSA) disability hearings to address fairness concerns while maintaining efficiency. It argues that the current process, which prioritizes efficiency over the ability to cross-examine evidence, can lead to unfair outcomes for claimants. The proposed rules aim to ensure claimants can challenge evidence, promoting a fairer process without overly burdening the system. The note challenges the traditional view that exclusionary rules are unnecessary in administrative hearings, emphasizing the need for a balance between efficiency and fairness.

Disciplines

Administrative Law | Evidence | Law | Social Welfare Law

Recommended Citation

Max Bookman, Reevaluating Administrative Evidence Policy: The Case for Two Exclusionary Rules at Social Security Administrative Hearings, 11 Cardozo Pub. L. Pol’y & Ethics J. 69 (2012).
Available at: https://larc.cardozo.yu.edu/cplpej/vol11/iss1/5