EPISODE · May 19, 2026 · 28 MIN
Nobody Said Deny More Cases: How Agency Preferences Reach the Hearing Room
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 consequencesSocial 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 commentThe 1984 case that saw it coming: Association of Administrative Law Judges v. Heckler, where the court found outcome-based targeting of ALJs "violated the spirit of the APA, if no specific provision thereof"Immigration as the amplified version: 700-case-per-year quotas for judges without APA independence protections, deciding cases where the stakes are deportationSomewhere out there is a claimant with the same diagnosis as someone approved three years ago by the same ALJ in the same office. That claimant gets denied — not because the case changed, but because the system around the judge changed. And nobody outside the agency can see why.
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Nobody Said Deny More Cases: How Agency Preferences Reach the Hearing Room
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