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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18

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. Our dissenting colleague suggests that Hagans instructs "a relatively high level of deference is warranted,” because the "same factors are at play here.” Dissenting Op. at 119— 20. We disagree. The Hagans Court concluded that a high level of deference was warranted in that instance because, inter alia, it determined that: the Social Security Administration is an agency with “exceptionally broad authority to manage a complex, nationwide administrative system,” that administering the Social Security Act is the SSA’s "central purpose,” and that the "SSA has developed a massive body of expertise [over] 56 years” which it has “consistently applied ... during the past 20 years.” Hagans, 694 F.3d at 305. Importantly, the Hagans Court also found that "the SSA’s interpretation of [the statute at issue was] sufficiently persuasive to defer to it.” Id. While these factors in Hagans—considered together—counseled for deference, such factors are not present here.