'Discipline and Punishment in the Law of Unemployment Insurance--A critical view of disqualifications and disentitlements
.' Osgoode Hall Law Journal, 25(3).
Cases like Melody Madison's expose the everyday acts and ideas that mark and naturalize perceptions of black female sexual deviance, and point to the contradictions, stratifications and disentitlements
embedded in the everyday conditions of the racialized and sexualized other.
The five chapters in this section describe the various provisions of the British policy related to asylum seekers' (and other immigrants') disentitlements
from social welfare programs such as cash assistance and housing.
Bennett, "No Relief But Upon the Terms of Coming into the House,"--Controlled Spaces, Invisible Disentitlements, and Homelessness in an Urban Shelter System, 104 YALE L.J.
(220) It has also increased the danger of "bureaucratic disentitlement" (221)--the various extralegal administrative hurdles that discourage people from applying for or that delay receipt of benefits (222)--by allowing states and localities (and thus front-line caseworkers) greater discretion to promote employment over financial assistance or to discourage people from even applying for benefits.
Behind the Punch and Judy show of energetic debate concerning the West and Islam, for example, all manner of antidemocratic, sanctimonious and alienating devices (the theory of the Great Satan or of the rogue state and terrorism) are in place as diversions from the social and economic disentitlements
occurring in reality.
Those unemployed who can meet qualifying criteria now up to three times higher than what was required only two years ago are subject to a barrage of disqualifications, disentitlements
and penalties while on claim.
A reporter's recent interviews with management and line personnel in a front-line Baltimore City welfare office illustrate how, through systemic verification demands, even unexceptionable, routine management can lead to disentitlements. Sixty staff members oversee seven thousand cases and sixteen hundred people are interviewed for new or continuing cases each month.
Litigators use the term "discouragement" to refer to informal practices that deter poor people from applying for public benefits. These tactics form a virulent subcategory of the informal "bureaucratic disentitlement" processes used by public assistance offices to withhold benefits from arguably eligible recipients. Bureaucratic disentitlement can be achieved through any practice that frustrates attempts to apply for benefits, or that delays actual receipt of the benefits once the applicant's eligibility is officially confirmed.
In Manitoba, for the 1991-92 fiscal year, with 136,053 UI claims filed, the UI Commission imposed 52,097 disqualifications and disentitlements. Yet only 622 appeals were heard before the Board of Referees (an administrative lay tribunal independent of the UIC).
It must be concluded that for various reasons, UI claimants are discouraged from appealing disentitlements and disqualifications.
(42) See Michael Lipsky, Bureaucratic Disentitlement
in Social Welfare Programs, 58 Soc.