Summary
The Second Circuit held that a Social Security claimant is entitled to a new hearing before a different, properly appointed Administrative Law Judge when her initial decision was rendered by an unconstitutionally appointed ALJ, even if the initial decision was later vacated on the merits and the same ALJ's appointment was subsequently ratified. Relying on Lucia v. SEC, the court found an uncured Appointments Clause violation, vacated the district court's judgment, and remanded for a de novo hearing.
Topics
Practice areas
Questions Presented
- Whether Flinton is entitled to a new plenary hearing before a different, properly appointed ALJ under Lucia v. SEC.
- Whether the district court’s judgment should be vacated and the case remanded for a de novo hearing.
Holdings
- Flinton is entitled to a new plenary hearing on her disability benefits before a different, properly appointed Administrative Law Judge.
- The district court’s judgment is vacated and the case is remanded to the Commissioner for a de novo hearing before a different, validly appointed ALJ.
Key quotations
“We hold that pursuant to Lucia v. SEC, 585 U.S. 237 (2018), Flinton is entitled to a new plenary hearing on her disability benefits before a different, properly appointed Administrative Law Judge (“ALJ”).” (at 1)
“Accordingly, without reaching the merits of Flinton’s Social Security application, we VACATE the district court’s decision with instructions to REMAND the matter to the Commissioner for a de novo hearing on Flinton’s disability benefits claim before a different, validly appointed ALJ.” (at 1)
Factual background
In August 2015 Flinton applied for Social Security disability benefits. An ALJ, Mark Solomon, improperly appointed at the time, denied her claim in March 2018. After Lucia v. SEC clarified the Appointments Clause requirements, the Commissioner ratified Solomon’s appointment, but the district court still granted summary judgment to the Commissioner. Flinton later sought a new hearing, asserting an Appointments Clause violation.
Procedural history
The district court granted judgment on the pleadings in favor of the Commissioner after finding no substantial evidence supporting Flinton’s disability claim. Flinton appealed, arguing that the ALJ’s appointment violated the Appointments Clause and that she was entitled to a new hearing before a different ALJ under Lucia.
Remand instructions
Remand the matter to the Commissioner for a de novo hearing on Flinton’s disability benefits claim before a different, validly appointed ALJ.