Vargas v. Commissioner of Social Security
Vargas v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK YANETVARGAS, SSS
Plaintiff, 16 CIVIL 3385 (VSB)(SN) -V- JUDGMENT COMMISSIONER OF SOCIAL SECURITY, Defendant. □□ eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated January 25, 2022, 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 January 25, 2022
RUBY J. KRAJICK ClerkofCourt BY: AK Ma NGO ‘Deputy Clerk
Reference
- Status
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