Legal Opinion
Bradshaw v. Berryhill
District Court, E.D. North Carolina
Decided March 26, 2019No. 5:18-CV-00100-RNPublishedCited by 18 opinions
1Opinion of the Court
Robert T. Numbers, II, United States Magistrate Judge
Plaintiff Sharon Bradshaw asks the court to vacate the decision denying her claim for disability benefits because the appointment of the Administrative Law Judge who issued the decision violated the Constitution's Appointments Clause. Acting Commissioner of Social Security Nancy Berryhill does not take much issue with Bradshaw's conclusion about the validity of the ALJ's appointment but claims that Bradshaw waived this argument by not raising it before the ALJ.
This controversy arises from the Supreme Court's decision in Lucia v. Securities…
2Cases cited24 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Sims v. ApfelSupreme Court of the United States · 2000
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- McCarthy v. MadiganSupreme Court of the United States · 1992
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Culclasure v. Comm'r of the Soc. Sec. Admin.District Court, E.D. Pennsylvania · 2019
- Wilson v. BerryhillDistrict Court, E.D. Pennsylvania · 2019
- Byrne v. BerryhillDistrict Court, D. Connecticut · 2020
- Goldschmidt v. O'MalleyDistrict Court, D. Minnesota · 2022
- Hall v. Social Security AdministrationDistrict Court, N.D. Oklahoma · 2020
13 more not listed; retrieve them via the Exa API.