Lushaj v. Berryhill
Lushaj v. Berryhill
Trial Court Opinion
| [USDC S ONY | DOCUMENT ! | ELECTRONICALLY FILED | UNITED STATES DISTRICT COURT | DOC #: SOUTHERN DISTRICT OF NEW YORK | Pa ———} cenn eteceeee □□□□□□□□□□□□□□□□□□□□□□□□ | DATE FILED: (dl 3/2021 □ STELLA LUSHAJ, 1 Fegan ain apn Plaintiff, 18 CIVIL 6751 (KMK)(AEK) -V- JUDGMENT ANDREW M. SAUL, Commissioner of Social Security, Defendant. eee eee ee eee cee K It is hereby ORDERED, ADJUDGED AND DECREED): That for the reasons stated in the Court's Stipulation and Order dated June 3, 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), in connection with the Supreme Court's decision in Carr v. Saul, [
41 S. Ct. 1352(2021), in which the 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 case will be assigned to a different administrative law judge ("ALJ") to further evaluate plaintiff's claims, plaintiff will be offered the opportunity for a hearing, and the ALJ will issue a new decision. See Shalala v. Schaefer,
509 U.S. 292(1993). Each party will bear its own attorneys’ fees, costs, and expenses. Dated: New York, New York June 3, 2021 RUBY J. KRAJICK Clerk of Court © diaago Deputy Cle
Reference
- Status
- Unknown