Opinion
17 CIVIL 4038 (AEK)
05-27-2021
MAYTE VAN RYN RODRIGUEZ, 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 May 27, 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 win assign Plaintiff's case to a different Administrative Law Judge to further evaluate Plaintiff's claims, offer Plaintiff the opportunity for a new hearing, and issue a new decision. Dated: New York, New York
May 27, 2021
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk