CORTESE v. COMMISSIONER OF SOCIAL SECURITY

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN A. CORTESE : CIVIL ACTION : v. : NO. 18-3437 : COMMISSIONER OF SOCIAL : SECURITY : MEMORANDUM KEARNEY, J. May 27, 2020 Social Security claimant John A. Cortese persuaded us to remand the Commissioner’s order denying him benefits because the Commissioner and the President did not properly appoint the administrative law judge who decided his case as required by the Appointments Clause. We remanded based on strong policy arguments opposed by the Commissioner who cited a string of cases supporting his theory Mr.…