One minor issue caused by the absence of a confirmed or even acting Commissioner of Social Security is who do attorneys sue when they sue Social Security after a claimant has been denied. The statute says to sue the Commissioner. Normally, we sue the Commissioner or Acting Commissioner by name.
The Solicitor General, who represents the federal government, including Social Security, before the Supreme Court, faced this issue recently in making a filing before the Supreme Court. Here's how they titled the case:
The Solicitor General, who represents the federal government, including Social Security, before the Supreme Court, faced this issue recently in making a filing before the Supreme Court. Here's how they titled the case:
By the way, this was a response to a petition for a writ of certiorari, that is a request that the Court hear a case. The Solicitor General is supporting the petition, which means that it probably will be heard. The issue in the case is:
Whether 42 U.S.C. 406(b)(1)(A) establishes that 25% of a claimant’s past-due benefits under Title II of the Social Security Act is the maximum aggregate amount of attorney’s fees that may be charged for representing the claimant in both administrative and court proceedings under Title II [of the Social Security Act].