Opinion
18 CIVIL 8349 (KMK)(AEK)
07-28-2021
ANTOINE S. BOLDEN, Plaintiff, v. 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 July 27, 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), 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 Social Security Administration, but may instead present it for the first time in federal court. On remand, the Appeals Council will assign Plaintiffs case to a different administrative law judge ("ALJ") to further evaluate Plaintiffs claims, offer Plaintiff the opportunity for a hearing, and issue a new decision. See Shalala v. Schaefer, 509 U.S. 292 (1993). Each party will bear its own attorneys' fees, costs, and expenses.