Escobar v. Saul

USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK $e DATE FILED:_ 5/20/2021 Jeanette Escobar, : : ORDER Plaintiff, : -against- : 1:20-cv-09653 (AT) (KHP) Andrew Saul, : Commissioner of Social Security Administration, : Defendant. : ~--------------------------------------------------------------X KATHARINE H. PARKER, United States Magistrate Judge.

The Supreme Court recently held that social security applicants raising Appointments Clause challenges to proceedings conducted before an unconstitutionally appointed AU need not exhaust such issues before the Social Security Administration before raising them in federal court. Carr v. Saul,593 U.S.__, 141 S. Ct. 1352 (2021). In this case, Plaintiff's hearing before an ALJ occurred before that ALJ’s appointment had been ratified by the Acting Commissioner of Social Security. Accordingly, to promote efficiency and judicial economy, Plaintiff is ordered to file a letter with the Court no later than June 18, 2021 indicating whether she would like this matter to be remanded for a new hearing before a constitutionally appointed ALJ. Failure to request a remand on the Appointments Clause issue at this stage may constitute a waiver in all further proceedings, including appeals.

SO ORDERED.

Dated: May 20, 2021 New York, New York tha u it 4 ed Be KATHARINE H. PARKER United States Magistrate Judge