APPEALING FOR RELIEF - An Analysis of Appealed Direct Farm Loan

Because the agency is involved in the dispute, adjudicative divisions of the agency are independent from the direction and control of other parts of the agency to prevent bias. [...] In national director reviews where the farmer requested review, the Director reversed the administrative judge decision in favor of the farmer in 20% of cases in the 1997 study.52 By contrast, the reversal rates in favor of the farmer are much lower in this report’s dataset (6.5%). [...] ISSUES AND OUTCOMES IN THE DATASET 24 APPEALING FOR RELIEF Top Issues in the Case Analysis The 367 NAD cases in the dataset were coded for the contested issues in each determination. [...] The administrative judge stated that the “regulations do not make the mere passage of time, without actual repayment of the loss, an exception to the eligibility requirements,” and that “by co-signing the prior loans, Appellant became obligated on the loans the same as her husband.” The administrative judge also provided the appellant instructions on filing a discrimination claim, as NAD cannot co. [...] The level of management ability required will depend on the complexity of the operation and the amount of the loan request.