Brian Dahle v. Kilolo Kijakazi, No. 22-1601 (8th Cir. 2023)
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Plaintiff applied for and was denied disability benefits from the Social Security Administration (“SSA”). Plaintiff appealed the decision to the District of Minnesota, arguing in part that the Administrative Law Judge (“ALJ”) who oversaw the case lacked authority because SSA Acting Commissioner Nancy Berryhill was not properly serving as Acting Commissioner when she ratified the ALJ’s appointment. The district court agreed.
The Eighth Circuit reversed. The court found that Berryhill was properly serving as Acting Commissioner when she ratified the appointment. Plaintiff argued the district court’s decision can be affirmed because Berryhill was never directed to serve by the president. In essence, he argued the 2016 succession memo became null and void when administrations changed in 2017. The court concluded that this argument fails. The general rule is that presidential orders without specific time limitations carry over from administration to administration. Plaintiff provides no authority indicating succession orders are any different from other presidential orders. The text of the FVRA likewise does not change the default position that presidential orders, including succession memos under the FVRA, carry over from one administration to the next.
Court Description: [Melloy, Author, with Loken and Kobes, Circuit Judges] Civil case - Social Security. The district court erred in determining that SSA Acting Commissioner was not properly serving as Acting Commissioner when she ratified the appointment of the ALJ in claimant's case; the Federal Vacancy Reform Act of 1998 authorizes an individual who has ceased serving under Sec. 3346(a)(1) to begin serving again under Sec. 3346(a)(2) once a nomination is sent to the Senate; a presidential order directing an agency employee to serve in an acting capacity under 5 U.S.C. Sec. 3345(a)(3) carries forward to the next president as it falls within the general rule that presidential orders without specific time limitations carry over from administration to administration.
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