Legal Opinion
Gilbert v. Comm'r of Soc. Sec.
District Court, N.D. Ohio
Decided April 3, 2019No. Case No. 3:18CV2026PublishedCited by 2 opinions
1Opinion of the Court
James G. Carr, Sr. U.S. District Judge
This is a Social Security appeal. Plaintiff Vickie Gilbert appeals the Commissioner's decision denying her application for benefits.
Gilbert challenges the Commissioner's decision for two reasons, alleging that: 1) the ALJ that heard her claim was not properly appointed under the Appointments Clause of the Constitution, and 2) the Commissioner's decision is not supported by substantial evidence.
Pending is Magistrate Judge George L. Limbert's Report and Recommendation (Doc. 15), which recommends that I grant the Commissioner's motion to dismiss Gilbert's…
2Cases cited13 opinions
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- Booth v. ChurnerSupreme Court of the United States · 2001
- Sims v. ApfelSupreme Court of the United States · 2000
- Freytag v. CommissionerSupreme Court of the United States · 1991
- United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
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3Cited by2 opinions
- Ripley v. Commissioner of Social SecurityDistrict Court, N.D. Ohio · 2019
- Williams v. Commissioner of Social SecurityDistrict Court, N.D. Ohio · 2019