NASH V. BOWEN
869 F.2d 675 (2nd Cir. 1989)
NATURE OF THE CASE: This was a dispute over new rules for ALJs.
FACTS: Nash (P) was an ALJ with thirty years experience in the Social Security
Administration. He became the judge in charge in Buffalo. By 1975, the SSA was faced with a
backlog of 100,000 cases and a series of reforms were instituted. P contends that those
reforms interfered with the decisional making independence of ALJs under the APA, the SSA,
and due process under the Fifth Amendment. When P protested these policies he was demoted
from his in charge position and protested the formation of peer review committees. The
district court ruled in favor of the Agency even though it stated that Ds may have engaged
in some questionable practices, which clearly caused unrest among ALJs.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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