Opinion
20 CIVIL 10081 (VEC)(BCM)
09-20-2021
KEVIN LYINUJH, Plaintiff, v. KILOLO KIJAKAZI, Acting 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 September 17, 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 in his written proposal of settlement to counsel for the Commissioner. 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.