Lawyer v. Commissioner of Social Security

Filing 26

CLERK'S JUDGMENT re: 25 Stipulation and Order, Terminate Motions, in favor of Steve Lawyer against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation a nd 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 Courts decision in Carr v. Saul 141 S. Ct. 1352 (2 021), in which the 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 adminis trative 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 Notice of Right to Appeal) (dt)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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STEVE LAWYER,
19 CIVIL 5474 (NSR) (AEK)

Plaintiff,

JUDGMENT

-againstANDREW M. SAUL,
Commissioner of Social Security,
Defendants.
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It is hereby 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 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
June 4, 2021

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk