Flinton v. Commissioner of Social Security
Split Score
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Case Summary
Disposition
Vacated
The Second Circuit held that, under Lucia v. SEC, Social Security claimant Mollie Marie Flinton must receive a new hearing before a different, properly appointed ALJ because her original hearing was conducted by an improperly appointed ALJ. It vacated the district court’s judgment and remanded to the Commissioner for a de-novo hearing before a new ALJ.
Circuit Split Identified
Legal Issue
Whether a Social Security claimant is entitled to a new hearing before a different, properly-appointed ALJ when the original, improperly-appointed ALJ’s decision was vacated on the merits but the same ALJ (now constitutionally appointed) presides on remand.
Circuit Positions
Lucia remedy applies: claimant must receive a new hearing before a different, validly appointed ALJ even after a merits-based vacatur of the original decision.
No continuing Appointments Clause violation after merits-based vacatur; same ALJ (now properly appointed) may rehear the case.
Conflict Summary
The Fourth, Ninth, and now Second Circuits read Lucia v. SEC to require a de-novo hearing before a different ALJ whenever a claimant’s initial hearing was conducted by an improperly appointed ALJ, regardless of whether the initial decision was later vacated on the merits. The Eleventh Circuit holds that once the first decision is vacated on non-constitutional grounds and the ALJ’s appointment is subsequently ratified, there is no continuing Appointments Clause violation and no need to assign a different ALJ on remand.