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Butler v. Saul

United States District Court, S.D. New York
Jun 9, 2021
17 CIVIL 4100 (S.D.N.Y. Jun. 9, 2021)

Opinion

17 CIVIL 4100

06-09-2021

CRAIG RUDOLPH BUTLER, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated June 9, 2021, that this action be, and hereby is, reversed and remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. Remand is required pursuant to Carr v. Saul, 141 S.Ct. 1352 (2021), in which the Supreme Court held that a claimant need not raise an Appointments Clause claim before the Agency, but may instead present it for the first time in federal court. Here, Plaintiff has raised an Appointments Clause claim before this Court.

Accordingly, on remand, the Appeals Council will assign Plaintiffs case to a different Administrative Law Judge to further evaluate Plaintiffs claims, offer Plaintiff the opportunity for a new hearing, and issue a new decision.


Summaries of

Butler v. Saul

United States District Court, S.D. New York
Jun 9, 2021
17 CIVIL 4100 (S.D.N.Y. Jun. 9, 2021)
Case details for

Butler v. Saul

Case Details

Full title:CRAIG RUDOLPH BUTLER, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL…

Court:United States District Court, S.D. New York

Date published: Jun 9, 2021

Citations

17 CIVIL 4100 (S.D.N.Y. Jun. 9, 2021)