BRASIER v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
Filing
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ORDER AFFIRMING RECOMMENDED DECISION FOR 29 Report and Recommended Decision, 15 Social Security Statement of Errors/Fact Sheet By JUDGE LANCE E. WALKER. (CJD)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
HARRY E. B., JR.,
Plaintiff
v.
KILOLO KIJAKAZI, Acting
Commissioner of Social Security,
Defendant
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2:21-CV-00118-LEW
ORDER AFFIRMING RECOMMENDED DECISION
On March 6, 2022, the United States Magistrate Judge filed with the court, with
copies to counsel, his Report and Recommended Decision. Plaintiff filed a timely objection
to the Recommended Decision, to which Defendant responded in due course.
I have reviewed and considered the Recommended Decision, together with the
entire record, and I have made a de novo determination of all matters adjudicated by the
Recommended Decision. I concur with the recommendations of the United States
Magistrate Judge for the reasons set forth in the Recommended Decision, and determine
that no further proceeding is necessary.
As to Plaintiff’s first point of error, the Commissioner’s decision is supported by
substantial evidence on the record.
As to Plaintiff’s second point of error, that the Magistrate Judge’s erred when
addressing his Collins v. Yellin separation of powers argument, Plaintiff has not
demonstrated that his claim of error has any support in district court decisions or circuit
court opinions. What law I have reviewed is all supportive of the Magistrate Judge’s
recommendation, including Collins itself. See 141 S. Ct. 1761, 1787 (2021) (observing that
where there was a valid appointment, an unconstitutional removal restriction affords “no
reason to regard any of the actions taken by the [official] … as void”); see also id. at 1802
(Kagan, J., concurring in part) (opining that “I doubt the mass of [Social Security
Administration] decisions—which would not concern the President at all—would need to
be undone” because “[w]hen an agency decision would not capture a President’s attention,
his removal authority could not make a difference”). In short, where, as here, “[n]othing in
the record suggests any link whatsoever between the removal provision and [Plaintiff’s]
case,” Kaufmann v. Kijakazi, __ F.4th __, 2022 WL 1233238, at *5 (9th Cir. Apr. 27, 2022),
Collins-based relief from an unfavorable administrative decision is not available. See Scott
E. v. Kijakazi, 1:21-cv-00110-JAW, 2022 WL 669687, at *5-6 (D. Me. Mar. 6, 2022),
report and recommendation adopted, 2022 WL 1026988 (D. Me. Apr. 6, 2022); Kathy R.
v. Kijakazi, 2:21-cv-00095-JDL, 2022 WL 42916, at *3 (D. Me. Jan. 5, 2022), report and
recommendation adopted, 2022 WL 558359 (D. Me. Feb. 24, 2022); Jenny B. v. Kijakazi,
1:21-cv-00143-NT, 2022 WL 872627, at *4 (D. Me. Mar. 24, 2022), report and
recommendation pending review; see also, e.g., Moore v. Kijakazi, ___ F. Supp. 3d ___,
2022 WL 702518, at *4-5 (D.S.C. Mar. 9, 2022); Stamm v. Kijakazi, ___ F. Supp. 3d ___,
2021 WL 6197749, at *6-7 (M.D. Pa. Dec. 31, 2021); Michele T. v. Comm’r of Soc. Sec.,
___ F. Supp. 3d ___, 2021 WL 5356721, at *5-6 (W.D. Wash. Nov. 17, 2021).
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It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is AFFIRMED and ADOPTED, and the Commissioner’s final administrative decision is
AFFIRMED.
SO ORDERED.
Dated this 9th day of May, 2022.
/s/ Lance E. Walker
UNITED STATES DISTRICT JUDGE
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