DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221601P.pdf 03/07/2023 Brian Dahle v. Kilolo Kijakazi
U.S. Court of Appeals Case No: 22-1601
U.S. District Court for the District of Minnesota
[PUBLISHED] [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.