CODY v. KIJAKAZI

No. 21-35553.

48 F.4th 956 (2022)

Brian J. CODY, Plaintiff-Appellant, v. Kilolo KIJAKAZI, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2022.


Attorney(s) appearing for the Case

Eitan Kassel Yanich (argued), Law Office of Eitan Kassel Yanich PLLC, Olympia, Washington, for Plaintiff-Appellant.

Lars J. Nelson (argued), Assistant Regional Counsel; Willy Le , Acting Regional Chief Counsel, Seattle Region X; Kerry Jane Keefe , Assistant United States Attorney; Nicholas W. Brown , United States Attorney; Office of General Counsel, Social Security Administration, Seattle, Washington; for Defendant-Appellee.

Before: MICHAEL DALY HAWKINS and PATRICK J. BUMATAY, Circuit Judges, and BARRY TED MOSKOWITZ, District Judge.


OPINION

We face the novel question of whether an administrative law judge ("ALJ") appointed in violation of the Appointments Clause can continue to decide a case after being ratified by a constitutionally authorized official. Here, a Social Security Administration ("SSA") ALJ was appointed by agency staff rather...

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