Willis v. Commissioner of Social Security

Filing 37

NOTATION ORDER Granting request for (15) day of Stay after expiration of the time to petition for rehearing in Ramsey. Signed by Magistrate Judge Karen L. Litkovitz on 10/28/2020. (art) Modified docket text on 10/28/2020 (art).

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Alicia D. Willis,
Plaintiff,
v.
Andrew Saul,
Commissioner of Social Security,
Defendant,

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Request for 15-day
continuance of stay
granted.

Civil Action No.: 1:18-cv-00158
Judge Cole
Magistrate Judge Litkovitz

STATUS UPDATE
Defendant Andrew Saul, Commissioner of Social Security (Commissioner), by and
through David M. DeVillers, United States Attorney for the Southern District of Ohio, and
Special Assistant United States Attorney Rachel Julis, respectfully submits this Status Update:
1. This case is currently stayed pending the outcome of the consolidated Sixth Circuit
appeals in Ramsey v. Comm’r of Soc. Sec., No. 19-1579 (6th Cir.), et al. 1 On September
1, 2020, the Sixth Circuit Court of Appeals issued a decision in Ramsey, holding that the
plaintiffs had not forfeited their Appointments Clause claims by failing to raise them
during administrative proceedings. Ramsey v. Comm’r of Soc. Sec., 973 F.3d 537 (6th
Cir. 2020). A mandate has not yet issued in Ramsey or any of the other consolidated
appeals, and a motion to extend the deadline to file a petition for rehearing is pending.
2. In light of the Sixth Circuit Court of Appeals’ holding, the Social Security Administration
requires additional time to consult internally and with the Department of Justice

The consolidated appeals also include Fortin v. Comm’r of Soc. Sec., No. 19-1581 (6th Cir.);
Shoops v. Comm’r of Soc. Sec., No. 19-1586 (6th Cir.); Hutchins v. Comm’r of Soc. Sec., No. 191889 (6th Cir.); Harris v. Comm’r of Soc. Sec., No. 19-1977 (6th Cir.); and Flack v. Comm’r of
Soc. Sec., No. 19-3886 (6th Cir.).
1

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regarding the implications of this opinion, as well as whether the Agency will pursue
further review of the panel’s decision. Those consultations will likely require the
participation of numerous offices within the Department of Justice, including the Civil
Division, particularly the Appellate Staff and the Office of the Solicitor General.
Ultimately, responsibility for determining whether, and to what extent, the Commissioner
should seek rehearing in the Sixth Circuit or review by the Supreme Court rests with the
Solicitor General, in consultation with all interested components of the federal
government. See 28 C.F.R. § 0.20(b).
3. Also currently pending are petitions for certiorari in two cases from other circuits that
deal with the very same forfeiture issue decided in Ramsey: Davis v. Saul, 963 F.3d 790
(8th Cir. 2020), petition for cert. filed, (U.S. July 31, 2020) (No. 20-105); and Carr v.
Commissioner, SSA, 961 F.3d 1267 (10th Cir. 2020), petition for cert. filed, (U.S. July 1,
2020) (No. 19-1442). The government has acquiesced in both of those petitions, and the
Supreme Court is scheduled to consider the petitions at its October 30 conference.
4. As the time to seek rehearing or petition for certiorari in Ramsey has not yet passed, no
mandate has issued, and the Supreme Court will determine whether to hear cases raising
the very same forfeiture question presented in Ramsey, the Commissioner requests that
the stay in this matter be continued until 15 days after expiration of the time to petition
for rehearing in Ramsey. No later than that date, the Commissioner will file an update
and advise the Court whether the government is pursuing further review of the Ramsey
decision.
WHEREFORE, Defendant, Commissioner of Social Security, respectfully requests that
this Honorable Court continue the stay in this matter.

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Respectfully submitted,
DAVID M. DEVILLERS
UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF OHIO
/s/ Rachel Julis
Rachel Julis
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
Harold Washington Social Security Center
600 West Madison Street, 6th Floor
[phone]
Fax: [phone]
Email: [e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing Defendant’s Motion for Extension
of Time to File the Electronic Certified Administrative Record and Answer to Plaintiff’s
Complaint with the Clerk of the Court using the CM/ECF system, which will send notification of
such filing to all parties.
Dated: October 27, 2020
s/ Rachel Julis
Rachel Julis
Special Assistant United States Attorney
Social Security Administration