Velez v. Commissioner of Social Security

Background

Angel Velez challenged the final decision of the Commissioner of Social Security. He argued that the Administrative Law Judge who decided his case was improperly appointed under the Appointments Clause of the United States Constitution.

On December 23, 2020, Magistrate Judge Cott issued a Report and Recommendation advising the district court to remand the case to a properly appointed Administrative Law Judge. The government objected to that recommendation, and Velez filed a response.

Court’s analysis

Under 28 U.S.C. § 636(b)(1), a district court may accept, reject, or modify a magistrate judge’s report and recommendation. The district court reviewed the portions covered by the government’s objections independently, as required by Federal Rule of Civil Procedure 72(b).

The court reviewed the record and the Report and Recommendation independently. It adopted the recommendation because it found it well reasoned and also relied on Filippo v. Saul, a prior Southern District of New York decision that addressed and rejected many of the government’s arguments.

Ruling

Judge Lewis J. Liman ordered that the Report and Recommendation be adopted in its entirety and granted Velez’s motion for judgment on the pleadings. The court directed the clerk to close the case. The adopted recommendation called for remanding the matter to a properly appointed Administrative Law Judge.