Social Security Disability Insurance (SSDI) recipients recently won a Supreme Court ruling that could affect a wide range of related cases.
According to an article published by ThinkAdvisor.com, “The court ruled 9-0 Thursday, in Carr et al. v. Saul (Case Number 19-1442), that the claimants did not have to attack the constitutionality of the Social Security Administration administrative law judge system when they first filed their cases to have the right to base appeals based on that issue today. The Supreme Court ruled 6-3 in 2018, in connection with Lucia v. SEC, that the Securities and Exchange Commission had been using an unconstitutional process to appoint administrative law judges in 2018. Other federal agencies had been using similar processes to appoint their administrative law judges. The plaintiffs in the Carr case had started their SSDI claims before the Lucia ruling came out. Lawyers for the Social Security Administration said the disability claimants should have exhausted their remedies at the start of the case, by questioning the constitutionality of the Social Security Administration claim determination system, to have a right to file an appeal based on the Lucia ruling now.”
Relevant pages: Social Security Disability