New Circuit Case on ALJ Appointments
Daniel Jones
![Daniel Jones]()
Daniel Jones
Of Counsel Attorney to Law Firms. I Specialize in Federal Court Appeals related to Social Security and fees.
The Agency continues to litigate ongoing issues with appointment clause violations involving ALJs even post the Supreme Court's decision in Carr v. Saul. It has taken the position that cases remanded by the Appeals Council or Federal Court on the merits can go back to the prior ALJ even if that ALJ was not properly appointed at the time of the first hearing if he/she was subsequently appointed as required. The Ninth Circuit rejected such a position a few months ago and now the Fourth Circuit has also agreed that this is an Appointments Clause violation under Carr and Lucia, requiring remand for a new hearing before a new ALJ. See Brooks v. Kijakazi, ---F.4th----, 2023 WL 2147302 (4th Cir. Feb. 22, 2023). ?
Founding Attorney at The Law Office of Jonathan A. Heeps
2 年The Fourth Circuit is holding oral arguments on March 8 on yet another challenge to ALJ appointments under the FVRA. The question is: "Whether ALJs who heard and decided Plaintiff's claims [were] validly appointed in light of the Federal Vacancies Reform Act (FVRA) time limit on acting service." Rush v. Kijakazi, Nos 22-1797, 22-1834, 22-1901.