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Administrative Law Keyed to Breyer
Nash v. Bowen
Citation:
869 F.2d 675 (1989)Facts
Simon Nash, an ALJ with thirty years of experience in the Social Security Administration, challenged policies implemented by the Secretary of Health and Human Services that were designed to address a backlog of over 100,000 cases. The challenged policies included: (1) a Peer Review Program that reviewed ALJ decisions outside the normal appeals process; (2) monthly production goals requiring ALJs to decide approximately 26-30 cases per month; and (3) a Quality Assurance System that monitored ALJs with high reversal rates (those who frequently ruled in favor of claimants). Nash contended these policies violated ALJ decisional independence protected by the Administrative Procedure Act, the Social Security Act, and the due process clause. The Secretary maintained these policies were legitimate administrative measures intended to improve the quality and efficiency of ALJ decision-making without dictating case outcomes.
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