Vargas v. Commissioner of Social Security

Filing 46

CLERK'S JUDGMENT re: 45 Stipulation and Order in favor of Yanet Vargas against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated Janu ary 25, 2022, that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g), in connection with the Supreme Court's decision in Carr v. Saul, 141 S. Ct. 1352 (2021), i n which the Court held that a claimant need not raise an Appointments Clause claim before the Social Security Administration, but may instead present it for the first time in federal court. On remand, the case will be assigned to a different admini strative law judge ("ALJ") to further evaluate plaintiff's claims, plaintiff will be offered the opportunity for a hearing, and the ALJ will issue a new decision. (Signed by Clerk of Court Ruby Krajick on 1/25/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:16-cv-03385-VSB-SN Document 46 Filed 01/25/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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YANET VARGAS,

16 CIVIL 3385 (VSB)(SN)

Plaintiff,

JUDGMENT

-vCOMMISSIONER OF SOCIAL SECURITY,
Defendant.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Stipulation and Order dated January 25, 2022, that this action be, and hereby
is, remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. §
405(g), in connection with the Supreme Court's decision in Carr v. Saul, 141 S. Ct. 1352 (2021),
in which the Court held that a claimant need not raise an Appointments Clause claim before the
Social Security Administration, but may instead present it for the first time in federal court. On
remand, the case will be assigned to a different administrative law judge ("ALJ") to further
evaluate plaintiff’s claims, plaintiff will be offered the opportunity for a hearing, and the ALJ
will issue a new decision.
Dated: New York, New York
January 25, 2022

BY:

RUBY J. KRAJICK
_________________________
Clerk of Court
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Deputy Clerk