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CIRKO v. COMMISSIONER OF SOCIAL SECURITY

19-1772 19-1773.

948 F.3d 148 (2020)

Andrew M. CIRKO, ON BEHALF OF Sandra L. CIRKO, Deceased, v. COMMISSIONER OF SOCIAL SECURITY, Appellant. John Steven Bizarre, Jr. v. Commissioner Social Security, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: January 23, 2020.

Attorney(s) appearing for the Case

Daniel J. Aguilar, Esq. , United States Department of Justice, Civil Division, Room 7266, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Joshua M. Salzman [ARGUED], United States Department of Justice, Room 7258, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Counsel for Appellant.

Thomas D. Sutton [ARGUED], Leventhal Sutton & Gornstein, 3800 Horizon Boulevard, Suite 101, Trevose, PA 19053, Counsel for Appellee.

Before: AMBRO, KRAUSE, and BIBAS, Circuit Judges

OPINION OF THE COURT

This case presents the question whether claimants for Social Security disability benefits must exhaust Appointments Clause challenges before the very administrative law judges (ALJs) whose appointments they are challenging. Because both the characteristics of the Social Security Administration...

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