Lushaj v. Berryhill
||Nancy A. Berryhill
||July 26, 2018
||US District Court for the Southern District of New York
||White Plains Office
|Nature of Suit:
||Social Security: SSID Tit. XVI
|Cause of Action:
||42:405 Review of HHS Decision (SSID)
|Jury Demanded By:
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|May 11, 2021
ORDER: On April 22, 2021, the Supreme Court issued its decision in Carr v. Saul, 141 S. Ct. 1352 (2021). The Carr Court held that applicants for Social Security disability benefits who had hearings conducted, and/or decisions issued, by an admini strative law judge ("ALJ") whose appointment was not in accordance with the Appointments Clause of the U.S. Constitution were not required to administratively exhaust their Appointments Clause challenges during proceedings before the Soc ial Security Administration before raising such challenges for the first time in federal court. Here, Plaintiff's ALJ hearing was conducted, and the ALJ's decision was issued, before the ALJ's appointment was ratified by the Acting Commissioner of Social Security in July 2018. To date, Plaintiff has not raised an Appointments Clause challenge in this federal court proceeding. In light of the Carr decision, and to promote efficiency and judicial economy, the parties are direc ted to meet and confer regarding whether this case should to be remanded to the Commissioner for a new hearing before a constitutionally appointed ALJ different from the ALJ who previously heard and adjudicated Plaintiff's claim for benefits. On or before June 1, 2021, Plaintiff must submit a letter of no longer than five pages setting forth whether or not Plaintiff believes this case should be remanded at this time. Plaintiff must submit a letter either requesting remand (along with any legal argument in support of that position) or notifying the Court that Plaintiff does not request remand. If necessary, on or before June 8, 2021, Defendant may submit a letter of no more than five pages in response. (Signed by Magistrate Judge Andrew E. Krause on 5/10/2021) (rro)
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