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Abstract

Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of the backlog of disability appeals specifically. Part IV examines the alternative of an independent corps of administrative law judges as a viable means to implement needed case management oversight and Part V summarizes the issues. Appendix I highlights selected GAO reports focused on the agency's handling of the backlog; Appendix II lists pertinent GAO reports selected over a twenty-year period from 1989 to 2009.

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