(SS) Chaoprasrihomkhao v. Commissioner of Social Security

I. INTRODUCTION

19 Plaintiff Giengkham Chaoprasrihomkhao (“Plaintiff”) seeks judicial review of a final decision of the Commissioner of Social Security (the “Commissioner” or “Defendant”) denying

1 On July 9, 2021, Kilolo Kijakazi was named Acting Commissioner of the Social Security Administration. See https://www.ssa.gov/history/commissioners.html. She is therefore substituted as the defendant in this action. See 42 U.S.C. § 405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding the Office of the Commissioner shall, in [their] official capacity, be the proper defendant”). The “Notice of New Authority” filed by Plaintiff, which notifies the Court of the publication of the recent Supreme Court case Collins v. Yellen, 141 S.Ct. 1761, 1783–84 (2021) (Doc. 18), does not change this result. See Collins, 141 S.Ct. at 1787 n.21 (“Amicus warns that if the Court holds that the Recovery Act’s removal restriction violates the Constitution, the decision will “call into question many other aspects of the Federal Government.” Amicus points to the Social Security Administration, the Office of Special Counsel,…