Kelly Desmond v. Andrew Saul; Social Security Administration

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-2380
KELLY DESMOND,
Plaintiff - Appellant,
v.
ANDREW SAUL; SOCIAL SECURITY ADMINISTRATION,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. David J. Novak, District Judge. (3:19-cv-00201-DJN)
Submitted: May 24, 2021 Decided: May 27, 2021
Before WILKINSON, AGEE, and WYNN, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Robert W. Gillikin, II, RUTTER MILLS, LLP, Norfolk, Virginia, for Appellant. G.
Zachary Terwilliger, United States Attorney, Alexandria, Virginia, Jonathan T. Lucier,
Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kelly Desmond appeals the district court’s order upholding the Administrative Law
Judge’s (ALJ) denial of Desmond’s application for disability insurance benefits. Desmond
argued, inter alia, that she was entitled to a hearing before a new ALJ because the ALJ
who heard her case was not constitutionally appointed. On appeal, she argues that the
district court erred in finding that she had waived her Appointments Clause challenge by
failing to raise the argument before the ALJ and that the ALJ’s decision was not supported
by substantial evidence. The Commissioner moves to vacate the district court’s order and
remand the case for further consideration in light of Carr v. Saul, 141 S. Ct. 1352, 1362
(2021), and Desmond consents to the motion. Upon review, we grant the motion, vacate
the district court’s order, and remand the case for further proceedings consistent with the
Supreme Court’s decision in Carr. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
VACATED AND REMANDED

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