Mendez v. Commissioner of Social Security

District Court, S.D. New York

Mendez v. Commissioner of Social Security

Trial Court Opinion

|p anes penn nenane eee na eS | Usbe SDNY | DOCUMENT JTepeereec ' rer □□□ | UNITED STATES DISTRICT COURT ELECTRONICALLY FILED | SOUTHERN DISTRICT OF NEW YORK | _ □ YANIRA IVELISSE MENDEZ, | | DATE □ ED: GLHJ202 □ Plaintiff, 19 CIVIL 9058 (OTW) -V- JUDGMENT COMMISSIONER OF SOCIAL SECURITY, Defendant. □□□ eee □□□ X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated June 4, 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,

141 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. Dated: New York, New York June 4, 2021

RUBY J. KRAJICK Clerk of Court BY: MONGD Deputy Clerk

Reference

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