Trimble v. Commissioner of Social Security

Filing 34

MEMORANDUM AND ORDER - that unless either party files an objection with 14 days from today's date, the court will enter a judgment vacating the Commissioner's decision and remanding the case to the Commissioner for a new hearing before a different, constitutionally appointed administrative law judge. Ordered by Senior Judge Richard G. Kopf. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
8:18CV162

DONALD T.,
Plaintiff,
vs.

MEMORANDUM
AND ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
On May 26, 2021, the Court of Appeals, upon granting an unopposed motion
filed by the Commissioner, reversed this court’s judgment and remanded with
directions for the court to address Plaintiff’s claim based on the Appointments
Clause of the Constitution in the first instance. (Filing 32.) The Court of Appeals’
mandate was issued that same date. (Filing 33.)
The reversal and remand were made in light of Carr v. Saul, 141 S.Ct. 1352
(2021), in which the Supreme Court held that social security claimants do not forfeit
Appointments Clause challenges by failing to raise those challenges in proceedings
before the agency. In the unopposed motion the Commissioner filed with the Court
of Appeals, it was requested that the Court “vacate the district court’s judgment and
remand for further proceedings consistent with Carr, so that plaintiff can obtain a
new hearing before a different, properly appointed ALJ.” (Unopposed Motion for
Vacatur and Remand to the District Court, filed May 25, 2021, in Court of Appeals
Docket # 20-3064.) This appears to be the proper remedy in a case such as this. See
Lucia v. S.E.C., 138 S. Ct. 2044, 2055 & n. 6 (2018).
Accordingly,
IT IS ORDERED that unless either party files an objection with 14 days from
today’s date, the court will enter a judgment vacating the Commissioner’s decision

and remanding the case to the Commissioner for a new hearing before a different,
constitutionally appointed administrative law judge.
Dated this 7th day of June, 2021.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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