Nobody Said Deny More Cases: How Agency Preferences Reach the Hearing Room
Administrative Remedies by Gwendolyn Savitz and Marc Roark
Episode notes
In the final episode of a three-part series on how agencies actually produce outcomes, Gwen and Marc trace the mechanisms that did the work — all of them upstream of the hearing room and mostly invisible from outside:
- Case completion targets that measure speed but not thoroughness — and a Seventh Circuit concurrence warning that even well-intentioned production pressure "can alter the essential function of adjudication"
- Quality review rubrics that aren't published, shift with administrations, and can't be appealed — but feed into performance evaluations that have real career consequences
- Social Security Rulings that describe themselves as not having "the force and effect of law" and in the same sentence say they are "binding on all components" — binding policy issued without notice and comment
- The 1984 case that ...
Keywords
Social Security disabilityAdministrative law judges (ALJs)Due process Procedural due processquality reviewagency guidanceimmigration judgeadministrative law disability approval rate disability denial