Opinion
NO. 3:19-cv-0697
08-20-2020
LEONA M. SWEGER, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
() MEMORANDUM
The plaintiff, Leona M. Sweger, brought this action under 42 U.S.C. § 405(g) and § 1383(c)(3), seeking judicial review of the final decision of the Acting Commissioner of Social Security denying her claim for supplemental security benefits under Title II of the Social Security Act.
Among other grounds for appeal, Sweger contends that the Administrative Law Judge ("ALJ") who heard and decided her case was not properly appointed under the Appointments Clause of the United States Constitution, U.S. Const. art. II, § 2, cl. 2, and therefore she is entitled to a remand for rehearing of her case before a constitutionally appointed ALJ. The plaintiff's administrative hearing was held on January 19, 2018, which occurred prior to July 16, 2018, the date when the Acting Commissioner ratified the appointment of ALJs and approved their appointments as her own to address any Appointments Clause questions involving social security benefits claims. See Soc. Sec. Ruling 19-1p, 2019 WL 1324866, at *2; see also U.S. Soc. Sec. Admin., EM-180003 REV 2 (Feb. 6, 2019), available at https://secure.ssa.gov/apps10/reference.nsf/links/08062018021025PM.
In light of the Supreme Court's decision in Lucia v. Securities and Exchange Commission, 138 S. Ct. 2044 (2018), and the Third Circuit's recent decision in Cirko ex rel. Cirko v. Commissioner of Social Security, 948 F.3d 148 (3d Cir. 2020), we will direct that the Commissioner's decision be VACATED and REMANDED for rehearing before a different, constitutionally appointed ALJ. See Lucia, 138 S. Ct. at 2055; Cirko, 948 F.3d at 159-60. We further direct that JUDGMENT be entered in favor of the plaintiff, and that the Clerk mark this case as CLOSED. Dated: August 20, 2020
/s/_________
JOSEPH F. SAPORITO, JR.
United States Magistrate Judge