Escobar v. Saul
- Analisa Torres
- 1:20-cv-09653
- U.S. District Court · Southern District of New York
- 1
In Escobar v. Saul, Judge Torres remanded the Social Security case so a different administrative judge could reconsider Escobar’s claims after an Appointments Clause ruling.
Jeannette Escobar, whose Social Security claims will be reconsidered by a different administrative law judge, and the Social Security Administration.
What happened
Jeannette Escobar’s case against Social Security Commissioner Andrew M. Saul was sent back to the Social Security Administration. The judgment relied on the Supreme Court’s decision that a claimant may raise an Appointments Clause challenge for the first time in federal court.
On remand, a different administrative law judge will further evaluate Escobar’s claims. Escobar must be offered an opportunity for a hearing, and the judge must issue a new decision.
Judge Analisa Torres’s court remanded the case under sentence four of the Social Security law. Each side must pay its own attorneys’ fees, costs, and expenses.
The detailed version
- Escobar v. Saul · No. 1:20-cv-09653
- Analisa Torres
- June 17, 2021
Background
Jeannette Escobar sued Andrew M. Saul, the Commissioner of Social Security. The judgment states that the court acted for the reasons given in a Stipulation and Order dated June 16, 2021.
Issue
The case involved an Appointments Clause claim. The judgment cites the Supreme Court’s decision in Carr v. Saul, which held that a claimant does not have to raise an Appointments Clause claim before the Social Security Administration and may instead raise it for the first time in federal court.
Ruling
The court ordered that the action be remanded to the Commissioner of Social Security under sentence four of 42 U.S.C. § 405(g). On remand, the case will be assigned to a different administrative law judge to further evaluate Escobar’s claims. Escobar will be offered an opportunity for a hearing, and the administrative law judge will issue a new decision. Each party will bear its own attorneys’ fees, costs, and expenses.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.