Public Law and Public Administration - Essay Example

Political Science Insert Insert The case being handled in the Court of Appeal was about the termination of whether social disabilitybenefits can be done. Given that, the complaint will provide all the written evidence. In the hearing, respondent was handed a summary of the evidence that gave him a chance to for the provision of the additional evidence. From the oral arguments and the available report, it revealed that the respondent had post-termination procedures with him. From the oral argument, there were present relevant policies that made hearing to proceed in a logical manner. The conversation contained two people who were keenly working within the set rules that any case must possess (Beckett & Koenig, 2005). Policies are the laid strategies that govern the proceeding of any court. Before the tribunal undergoes any hearing process, individual principals have to put into place. The court has the responsibility of directing appeals that are lodged by the natural and legal persons and those that have been directed. The organization union, bodies, and institutions will act those that have been directed against. The complainant has to bear the burden of revealing by any means the report that is medically proved and accepted that he/she is unable to undertake the previous work due the severe impairment (Beckett & Koenig, 2005). For the state agency to make a continued assessment the workers qualification for the benefits, the workers medication source has to be obtained. In case of any show is conflicting information, the policy that is laid the concerned authorities is to arrange for an independent medical examination, so the conflict is resolved. If any differences are found from the comparison of the reports, the beneficiaries’ benefits are terminated. From the oral argument, some parties were involved in this case. Mr. Bork, chief justice Warren and Mr. Donald Earls (Box, 2007). These individual played different parts and in the representation of the case. Mr. Bork participated and was a lawyer in the case. He was in charge of the evidence provision that will assist him in the due process to prove the innocence of his client. He was attempting to influence the judges that when a person is disabled in the line of duty, it is the mandate of the company that employed him to pay the requested benefits. From the conclusion of the report the lawyer had it had some procedures from the administration the clients benefits had been terminated (Box, 2007). The other two parties were the judges. Judges have a vital role in a case proceeding. As from this hearing, their position was to preside and to rule over the whole process. Once they have assessed the magnitude of the case, they handle the forwarding to the next pool for further decisions. Taking a responsibility to lead an augment of the lawyer has some importance. The immediate significance is the assessment of the problem. If the analysis concludes that the matter at hand needs a more complicated decision, they handle that. Judges from the other perspective have the authority to decide whether to discontinue the case or to push it to his superiors. Decision-making is also another reason as to why judges need to be present in any hearing process. Assessment of the evidence submitted by the lawyer and to prove the validity as to either to be taken or to be left out (Cooper, 2005). During the hearing, the judge controls how the hearing will be held. Above all, he is the final decision maker unless you appeal. To the raised matters, judiciary responded as per the lawyers presentations. In case of decision maker, a written submission they gave the disabled the reception of getting effective means of communicating. A questionnaire must be detailed for the proper identification of particular relevant information that is entitled to the judges (Cooper, 2005). The important data that is needed for judging came from the direct medical source. Before resolving on the termination of benefits by the decision makers, the player is given an opportunity to contact that had been relied on by the court. After this access, the layer will provide reasons why he strongly depended on that information. From this, the lawyers to submit any additional information or arguments give the representative and evidence if there will be still some (Grisham, 2008). Prior to termination of the disability advantage, they need to attend an evidentiary hearing upon demand in all access. The administration will have resolved the proportional burdens from the benefits that are countervailing. The mode that will be used by the judiciary in the hearing is neither a required nor the most efficient way of in the giving of the judgment. In either condition, the decision maker not only the prescribed protocols might not be required or proving the complainant with the most suitable process of asserting their issues before being acted upon by the management (Grisham, 2008). In the subsequent judicial review, the time before denial of his assertion comes to be concluded, there will be no deprivation of procedural due process. A worker has to demonstrate that he is unable to do any meaningful activity as per the determination of the doctor so that he can establish and continue for the entitlement to the disability benefits. To ascertain this, a serious test has to be done by the physicians to make sure that the person in question is severely affected he can perform any duty. For the benefits to be terminated, it is when a worker is no longer disabled and has resumed his regular work. Once a person is given the benefits, an eligibility investigation continues both physical and nonmedical person so that when they return to their normal life, the benefit is terminated (Grisham, 2008). Another source from which the recipient’s information is retrieved is from the sources of medical treatment. The information from the medical source will act as a proof if a conflict is found between beneficiaries report and the medical report. The court will hold the story from both sources and will give his judgment, according to the tangible information. Above in the cases, fairness and reliability are the additional factors that need to consider the pre-termination procedures. It is a core to evaluation if any process if the nature of the inquiry is relevant. To maintain you eligibility for benefits, the disabled workers health must agree with the medical diagnostic techniques that he is still unable to perform anything to the standard he is living under of mental or physical impairment (Cooper, 2005). The choice whether to stop benefits for disability will in turn and most circumstances is biased. For certainty, credibility and veracity may be a factor in the whole disability assessment in some of the cases. The inherent error will shape the risk in the process of finding the truth will be ruled by the procedural due process as it has been applied in the generality of cases, not by the rare exceptions (Beckett & Koenig, 2005). The final assessment of the final factor is by the public interest in the fight of striking balance process. Whenever there is termination of these advantages, the administration is forced to bear a burden of enormous cost from the hearing of the cases, and they cannot stop it because is their constitutional right. From the judge’s ruling, they made Mathews be the winner and Eldridge lost the case because his medical reports contradicted with those of the indecent story. Mathew enjoyed the benefits from the disability condition he was operating under. References Beckett, J., & Koenig, H. (2005). Public administration and law. Armonk, N.Y.: M.E. Sharpe. Box, R. (2007). Democracy and public administration. Armonk, N.Y.: M.E. Sharpe. Cooper, P. (2005). Cases on public law and public administration. Belmont, CA: Thomson/Wadsworth Pub. Grisham, J. (2008). The appeal. New York: Doubleday. Read More