Recent NDNY Decisions of Interest – Social Security Appeal, Authority to Adjudicate

David. S. v. Kijakazi, No. 6:22-cv-497 In this social security appeal, plaintiff argued the ALJ and Appeals Council had no legal authority to adjudicate the case because they were not properly appointed.  The ALJ and Appeals Council were appointed by acting commissioner Berryhill, who was serving under 5 U.S.C. § 3346(a)(2) at the time of […]