Escobar v. Saul

psec spay | DUCUMENT i ELECPRONICALLY FILED | UNITED STATES DISTRICT COURT ij DOC EE if ee fr. : SOUTHERN DISTRICT OF NEW YORK {| nena nnn nnn nnn □□□ X [DATE FILE p: YA] JEANNETTE ESCOBAR, .

Plaintiff, 20 CIVIL 9653 (AT)(KHP) -V- JUDGMENT ANDREW M. SAUL, Commissioner of Social Security, Defendant. nee nee eee eee K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated June 16, 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. 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 17, 2021 RUBY J. KRAJICK Clerk of Court BY: Deputy Clerk j