Re-Claiming Disability: Identity, Procedural Justice, and the Disability Determination Process

Research output: Contribution to journalArticle

8 Citations (Scopus)

Abstract

This research highlights the crucial role of an intimate link between a disabled person's self-identity and the perceived fairness of legal procedures. In doing so, it brings to the foreground a wholly ignored aspect of procedural justice. Earlier researchers have failed to delve into the role identity politics plays in the relationship between the institutions and the beneficiaries of their services, and the way different members of a group understand and define themselves. This research explores the way people with disabilities in the United States, with different kinds of disability identities, experience and evaluate the procedure of claiming Social Security benefits. The findings suggest that disabled people who identified with the social model of disability (as opposed to the medical-individual models) hold a critical view of the procedure for retaining benefits. They felt they had no control over it, could not voice their opinions, were mistreated by representatives, and had to present an image that was not necessarily true of their disability. They also saw the procedure as discouraging them from participating fully in the labor market, and consequently integrating better in society, an idea that was not present among disabled people who identify with medical-individual models. Exposing this relationship between the way people perceive themselves and the way they experience and evaluate legal procedures can contribute to the creation of better policies, while improving communication between the state and members of the disability community, along with other marginalized groups.

Original languageEnglish (US)
Pages (from-to)195-231
Number of pages37
JournalLaw and Social Inquiry
Volume42
Issue number1
DOIs
StatePublished - Dec 1 2017
Externally publishedYes

Fingerprint

disability
justice
legal procedure
role identity
social security
fairness
experience
labor market
Group
human being
politics
communication
present
community

ASJC Scopus subject areas

  • Social Sciences(all)
  • Law

Cite this

Re-Claiming Disability : Identity, Procedural Justice, and the Disability Determination Process. / Dorfman, Doron.

In: Law and Social Inquiry, Vol. 42, No. 1, 01.12.2017, p. 195-231.

Research output: Contribution to journalArticle

@article{852cecbd88f84d3f95e0e9b9a59695b8,
title = "Re-Claiming Disability: Identity, Procedural Justice, and the Disability Determination Process",
abstract = "This research highlights the crucial role of an intimate link between a disabled person's self-identity and the perceived fairness of legal procedures. In doing so, it brings to the foreground a wholly ignored aspect of procedural justice. Earlier researchers have failed to delve into the role identity politics plays in the relationship between the institutions and the beneficiaries of their services, and the way different members of a group understand and define themselves. This research explores the way people with disabilities in the United States, with different kinds of disability identities, experience and evaluate the procedure of claiming Social Security benefits. The findings suggest that disabled people who identified with the social model of disability (as opposed to the medical-individual models) hold a critical view of the procedure for retaining benefits. They felt they had no control over it, could not voice their opinions, were mistreated by representatives, and had to present an image that was not necessarily true of their disability. They also saw the procedure as discouraging them from participating fully in the labor market, and consequently integrating better in society, an idea that was not present among disabled people who identify with medical-individual models. Exposing this relationship between the way people perceive themselves and the way they experience and evaluate legal procedures can contribute to the creation of better policies, while improving communication between the state and members of the disability community, along with other marginalized groups.",
author = "Doron Dorfman",
year = "2017",
month = "12",
day = "1",
doi = "10.1111/lsi.12176",
language = "English (US)",
volume = "42",
pages = "195--231",
journal = "Law and Social Inquiry",
issn = "0897-6546",
publisher = "Wiley-Blackwell",
number = "1",

}

TY - JOUR

T1 - Re-Claiming Disability

T2 - Identity, Procedural Justice, and the Disability Determination Process

AU - Dorfman, Doron

PY - 2017/12/1

Y1 - 2017/12/1

N2 - This research highlights the crucial role of an intimate link between a disabled person's self-identity and the perceived fairness of legal procedures. In doing so, it brings to the foreground a wholly ignored aspect of procedural justice. Earlier researchers have failed to delve into the role identity politics plays in the relationship between the institutions and the beneficiaries of their services, and the way different members of a group understand and define themselves. This research explores the way people with disabilities in the United States, with different kinds of disability identities, experience and evaluate the procedure of claiming Social Security benefits. The findings suggest that disabled people who identified with the social model of disability (as opposed to the medical-individual models) hold a critical view of the procedure for retaining benefits. They felt they had no control over it, could not voice their opinions, were mistreated by representatives, and had to present an image that was not necessarily true of their disability. They also saw the procedure as discouraging them from participating fully in the labor market, and consequently integrating better in society, an idea that was not present among disabled people who identify with medical-individual models. Exposing this relationship between the way people perceive themselves and the way they experience and evaluate legal procedures can contribute to the creation of better policies, while improving communication between the state and members of the disability community, along with other marginalized groups.

AB - This research highlights the crucial role of an intimate link between a disabled person's self-identity and the perceived fairness of legal procedures. In doing so, it brings to the foreground a wholly ignored aspect of procedural justice. Earlier researchers have failed to delve into the role identity politics plays in the relationship between the institutions and the beneficiaries of their services, and the way different members of a group understand and define themselves. This research explores the way people with disabilities in the United States, with different kinds of disability identities, experience and evaluate the procedure of claiming Social Security benefits. The findings suggest that disabled people who identified with the social model of disability (as opposed to the medical-individual models) hold a critical view of the procedure for retaining benefits. They felt they had no control over it, could not voice their opinions, were mistreated by representatives, and had to present an image that was not necessarily true of their disability. They also saw the procedure as discouraging them from participating fully in the labor market, and consequently integrating better in society, an idea that was not present among disabled people who identify with medical-individual models. Exposing this relationship between the way people perceive themselves and the way they experience and evaluate legal procedures can contribute to the creation of better policies, while improving communication between the state and members of the disability community, along with other marginalized groups.

UR - http://www.scopus.com/inward/record.url?scp=85013350093&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85013350093&partnerID=8YFLogxK

U2 - 10.1111/lsi.12176

DO - 10.1111/lsi.12176

M3 - Article

AN - SCOPUS:85013350093

VL - 42

SP - 195

EP - 231

JO - Law and Social Inquiry

JF - Law and Social Inquiry

SN - 0897-6546

IS - 1

ER -