Supreme Court: No “Issue Exhaustion” Requirement for SSA Claimants
Several weeks ago, FEDmanager reported on oral argument at the Supreme Court of the United States in Carr v. Saul. In this case, the issue was whether Social Security Administration (SSA) claimants who did not raise an Appointments Clause challenge at the administrative level forfeited their ability to challenge the validity of decisions by improperly appointed SSA administrative law judges once they appealed the decisions to federal court, pursuant to the Supreme Court’s decision in Lucia v. SEC. On April 22, 2021, the Supreme Court held that courts should not impose an “issue exhaustion” requirement on claims under the Appointments Clause of the U.S. Constitution.
Supreme Court Hears Oral Argument in Two Important Appointments Clause Cases
On March 1, 2021, the Supreme Court of the United States heard argument in United States v. Arthrex on the question of whether administrative patent judges of the U.S. Patent and Trademark Office are principal officers of the United States who therefore must be appointed by the President and confirmed by the Senate. Just two days later, on March 3, 2021, the Court heard argument in Carr v. Saul, a case about whether Social Security claimants who failed to raise an Appointments Clause challenge to the appointment of SSA administrative law judges at the administrative level waived the argument before the courts.