Taking It on the Chenery: Should the Principles of Chenery I Apply in Social Security Disability Cases‪?‬

INTRODUCTION Facing an increasing caseload, (1) federal courts must review thousands of Social Security disability cases each year, with most ending in reversal of the agency's decision. (2) Judges have grown frustrated with the process, believing that the Social Security Administration often wrongfully denies claims. (3) Indeed, a few courts have even threatened sanctions against the agency for ignoring precedent and thereby "forcing claimant after claimant to file lawsuits in order to obtain deserved benefits." (4) As Congress put it, there is an "increasing number and intensity of confrontations between the agency and the courts as [the agency] refuses to apply circuit court opinions." (5)