Culclasure v. Comm'r of the Soc. Sec. Admin.

Michael Culclasure challenges the denial of disability insurance benefits by a Social Security Administration administrative law judge who - everyone now agrees - was not properly appointed under Article II of the Constitution. Consistent with the Administration's and the Solicitor General's July 2018 internal memoranda responsive to the Supreme Court's June 21, 2018 holding in Lucia v. Securities and Exchange Commission , the Commissioner concedes the constitutional infirmity but argues Mr. Culclasure forfeited his challenge by not timely raising it in July 2017 to the same infirmed judge…