Mendez v. Commissioner of Social Security

Filing 22

CLERK'S JUDGMENT re: 21 Stipulation and Order in favor of Yanira Ivelisse Mendez against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order d ated June 4, 2021, 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 (202 1), 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. (Signed by Clerk of Court Ruby Krajick on 6/4/2021) (Attachments: # 1 Right to Appeal) (km)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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YAN IRA IVELISSE MENDEZ,

El.J:CTRONTCALLY FILED
DOC#:
DATE
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I9

Plaintiff,

-

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CIVIL 9058 (OTW)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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It is hereby

.

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JUDGMENT

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1

ORDERED, ADJUDGED AND DECREED: That for the reasons

stated in the Court's Stipulation and Order dated June 4, 2021, 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 ("AU") 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
June 4, 2021

RUBY J. KRAJICK
Clerk of Court

BY:
Deputy Clerk