Lushaj v. Berryhill

Filing 39

CLERK'S JUDGMENT re: 38 Stipulation and Order in favor of Stella Lushaj against Nancy A. Berryhill. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated June 3, 2021, tha t 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 jud ge ("ALJ") to further evaluate plaintiff's claims, plaintiff will be offered the opportunity for a hearing, and the ALJ will issue a new decision. See Shalala v. Schaefer, 509 U.S. 292 (1993). Each party will bear its own attorneys' fees, costs, and expenses. (Signed by Clerk of Court Ruby Krajick on 6/3/2021) (Attachments: # 1 Right to Appeal) (km)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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STELLA LUSHAJ.
Plaintiff,

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DATE FI·l~D: -- __·_ _ ----- ·-=[______________ ........-1-ajjJ~1 :.I!
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CIVIL 6751 (KMK)(AEK)
JUDGMENT

ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.

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It is hereby

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lJSDC SDNY
DCCUi'v1LJ\JT
ELECTRONICALLY FILED

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ORDERED, ADJUDGED AND DECREED: That for the reasons

stated in the Court's Stipulation and Order dated June 3, 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 Cowi'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 plaintiffs claims, plaintiff will be offered the opportunity for a hearing, and the ALJ
will issue a new decision. See Shalala v. Schaefer, 509 U.S. 292 (1993). Each paiiy will bear its
own attorneys' fees, costs, and expenses.

Dated: New York, New York
June 3, 2021

RUBY J. KRAJICK
Clerk of Court

BY:
Deputy Cle