STREICH v. SAUL (2021)

SUMMARY ORDER

Plaintiff Jacqueline Streich appeals from a February 6, 2020 judgment of the United States District Court for the District of Connecticut (Richardson, M.J.) that in relevant part affirmed the decision of the Commissioner of Social Security to deny Streich's claim for disability insurance benefits. Among other arguments, Streich contended that the Administrative Law Judge (ALJ) who heard and decided her case for benefits was not properly appointed under the Appointments Clause of the United States Constitution, Art. II, § 2, cl. 2. Although there is no dispute that the ALJ was not properly appointed until eight months after deciding Streich's claim for benefits, the District Court nevertheless rejected Streich's Appointments Clause challenge as untimely because Streich never raised the issue during the administrative proceeding itself. See Streich v. Berryhill, No. 3:18-CV-1977 (RAR), 2020 WL 563373, *2–3 (D. Conn. Feb. 5, 2020).

While this appeal was pending, the Supreme Court decided Carr v. Saul, ––– U.S. ––––, 141 S. Ct. 1352, ––– L.Ed.2d –––– (2021). The Court held that a claimant does not forfeit her Appointments Clause challenge by failing to raise it first before an ALJ. Id. at 1360–62. In light of Carr, we conclude, and the Commissioner agrees, that the District Court erred in requiring that Streich administratively exhaust her Appointments Clause challenge before she could raise it in federal court. We also conclude that Streich is entitled to a hearing and de novo decision before a different, properly appointed ALJ. See Lucia v. SEC, ––– U.S. ––––, 138 S. Ct. 2044, 2055, 201 L.Ed.2d 464 (2018). Because we remand for a new hearing, and because there appears to have been conflicting evidence in the record relating to the merits of Streich's claim for disability insurance benefits, we decline to address Streich's other arguments concerning the merits, as to which we express no view.

For the foregoing reasons, the judgment of the District Court is VACATED and we REMAND with instructions to remand the matter to the Commissioner for a new hearing before a properly appointed ALJ other than the ALJ who presided over Streich's original hearing.