tag:blogger.com,1999:blog-19246708.post5483656951002461105..comments2024-03-28T08:46:23.069-04:00Comments on Social Security News: SSA Starting To Track Seila Law ObjectionsUnknownnoreply@blogger.comBlogger7125tag:blogger.com,1999:blog-19246708.post-21809058992468999852020-07-11T11:50:30.982-04:002020-07-11T11:50:30.982-04:00Severability was relevant in the case of CFPB beca...Severability was relevant in the case of CFPB because the CFPB would not have been re-authorized if the entire agency had been ruled unconstitutional as a result of the Director's removal only for cause being ruled unconstitutional. Had the Supreme Court not accepted that this provision was severable and said that the Director and Agency both had to be ruled unconstitutional, the CFPB would likely have to be eliminated or reauthorized in a far weaker form because that is all that could be passed through a Republican Senate and signed by Trump. This is not so with SSA. If the position of COSS were ruled unconstitutional as a result of the ruling in Seila Law v. CFPB and the position of COSS was deemed not severable, Congress would re-authorize SSA with a COSS dismissible at will in less time than it takes to say "61 million beneficiaries and they all vote."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-50372333411034112112020-07-10T12:47:33.199-04:002020-07-10T12:47:33.199-04:007:22 No connection at all. ALJs pay little attenti...7:22 No connection at all. ALJs pay little attention to the name on the hiring certificate. No new ALJs have been hired since Lucia was decided, and nothing about the adjudication process has changed since Lucia was decided. Lucia wasn't even meant to apply to SSA ALJs, based on the oral arguments.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-25789892578029899722020-07-09T07:22:39.795-04:002020-07-09T07:22:39.795-04:00Yeah, but can you prove the first ALJ was not prop...Yeah, but can you prove the first ALJ was not properly appointed, and ih he wasn't, how did that influence the decision?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-32973152420354989002020-07-08T16:03:47.566-04:002020-07-08T16:03:47.566-04:00My favorite is getting cases remanded to another A...My favorite is getting cases remanded to another ALJ b/c of Lucia :)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-19181646498952150292020-07-08T14:35:53.372-04:002020-07-08T14:35:53.372-04:001:01 - Not so sure it's that cut-and-dry. The ...1:01 - Not so sure it's that cut-and-dry. The Dodd-Frank Act has a Severability Clause that made that outcome relatively simple in Seila Law. To my knowledge, the Social Security Act has no such severability provision.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-75333295157283507162020-07-08T13:01:12.330-04:002020-07-08T13:01:12.330-04:00Selia has no bearing on Saul. He is not going to l...Selia has no bearing on Saul. He is not going to lose his job. Worst case scenario is that he loses protected status and can be fired at-will. Carry on, nothing to see here.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-83129325511668605252020-07-08T10:04:34.585-04:002020-07-08T10:04:34.585-04:00"We were told today that if, during the heari..."We were told today that if, during the hearing or before, someone objected to the appointment of the sitting ALJ on this ground to let the HOCALJ know so a number can be complied for RO. Of note, no further guidance on how to handle the theoretical objection."<br /><br />So, we should let the ALJ know that have also sent a copy of the objection to the HOCALJ and RO and provide the cc: letter to the electronic file.<br /><br />Then the ALJ does not have to worry about doing any extra work for the Selia objection.<br /><br />Anonymousnoreply@blogger.com