Nash v. Bowen

869 F.2d 675 (2nd Cir. 1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.