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Administrative Law Keyed to Mawshaw
Nash v. Califano
Citation:
613 F.2d 10 (1980)Facts
Simon Nash, an Administrative Law Judge with 22 years of experience in the Social Security Administration’s Bureau of Hearings and Appeals, challenged six practices implemented by the defendants that allegedly interfered with ALJs’ decisional independence. These practices included a “Regional Office Peer Review Program” where non-ALJ staff members reviewed ALJs’ work outside the normal appellate process and gave mandatory instructions on conducting hearings; monthly production quotas that threatened incompetence charges against ALJs who failed to meet them; a “Quality Assurance Program” that monitored ALJs’ reversal rates and pressured them to conform to a national average; an “Employee Pool System” that delegated judicial responsibilities to clerical staff; delegation of hearing powers to Appeals Council members; and the combination of judicial and managerial duties by Chief ALJs. Nash claimed these practices violated the Administrative Procedure Act, the Social Security Act, and the Fifth Amendment by undermining ALJs’ statutory independence.
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