Alicia D. Willis, ) 

Plaintiff, ) 

) Civil Action No.: 1:18-cv-00158 

v. ) 

) Judge Cole

Andrew Saul, ) Magistrate Judge Litkovitz 

Commissioner of Social Security, ) 

Defendant, ) 

) 

STATUS UPDATE

Defendant Andrew Saul, Commissioner of Social Security (Commissioner), by and 

through David M. DeVillers, United States Attorney for the Southern District of Ohio, and 

Special Assistant United States Attorney Rachel Julis, respectfully submits this Status Update: 

1. This case is currently stayed pending the outcome of the consolidated Sixth Circuit

appeals in Ramsey v. Comm’r of Soc. Sec., No. 19-1579 (6th Cir.), et al.

1

 On September

1, 2020, the Sixth Circuit Court of Appeals issued a decision in Ramsey, holding that the

plaintiffs had not forfeited their Appointments Clause claims by failing to raise them

during administrative proceedings. Ramsey v. Comm’r of Soc. Sec., 973 F.3d 537 (6th

Cir. 2020). A mandate has not yet issued in Ramsey or any of the other consolidated

appeals, and a motion to extend the deadline to file a petition for rehearing is pending.

2. In light of the Sixth Circuit Court of Appeals’ holding, the Social Security Administration 

requires additional time to consult internally and with the Department of Justice

1 The consolidated appeals also include Fortin v. Comm’r of Soc. Sec., No. 19-1581 (6th Cir.); 

Shoops v. Comm’r of Soc. Sec., No. 19-1586 (6th Cir.); Hutchins v. Comm’r of Soc. Sec., No. 19-

1889 (6th Cir.); Harris v. Comm’r of Soc. Sec., No. 19-1977 (6th Cir.); and Flack v. Comm’r of 

Soc. Sec., No. 19-3886 (6th Cir.). 

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Request for 15-day

continuance of stay 

granted.

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regarding the implications of this opinion, as well as whether the Agency will pursue 

further review of the panel’s decision. Those consultations will likely require the 

participation of numerous offices within the Department of Justice, including the Civil 

Division, particularly the Appellate Staff and the Office of the Solicitor General. 

Ultimately, responsibility for determining whether, and to what extent, the Commissioner 

should seek rehearing in the Sixth Circuit or review by the Supreme Court rests with the 

Solicitor General, in consultation with all interested components of the federal 

government. See 28 C.F.R. § 0.20(b).

3. Also currently pending are petitions for certiorari in two cases from other circuits that 

deal with the very same forfeiture issue decided in Ramsey: Davis v. Saul, 963 F.3d 790 

(8th Cir. 2020), petition for cert. filed, (U.S. July 31, 2020) (No. 20-105); and Carr v. 

Commissioner, SSA, 961 F.3d 1267 (10th Cir. 2020), petition for cert. filed, (U.S. July 1, 

2020) (No. 19-1442). The government has acquiesced in both of those petitions, and the 

Supreme Court is scheduled to consider the petitions at its October 30 conference.

4. As the time to seek rehearing or petition for certiorari in Ramsey has not yet passed, no 

mandate has issued, and the Supreme Court will determine whether to hear cases raising 

the very same forfeiture question presented in Ramsey, the Commissioner requests that 

the stay in this matter be continued until 15 days after expiration of the time to petition 

for rehearing in Ramsey. No later than that date, the Commissioner will file an update 

and advise the Court whether the government is pursuing further review of the Ramsey

decision. 

WHEREFORE, Defendant, Commissioner of Social Security, respectfully requests that 

this Honorable Court continue the stay in this matter. 

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Respectfully submitted, 

DAVID M. DEVILLERS

UNITED STATES ATTORNEY

SOUTHERN DISTRICT OF OHIO

/s/ Rachel Julis

Rachel Julis

Special Assistant United States Attorney

Social Security Administration

Office of the General Counsel

Harold Washington Social Security Center

600 West Madison Street, 6th Floor 

(312) 596-1853

Fax: (833) 912-2305

Email: rachel.julis@ssa.gov

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CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing Defendant’s Motion for Extension 

of Time to File the Electronic Certified Administrative Record and Answer to Plaintiff’s 

Complaint with the Clerk of the Court using the CM/ECF system, which will send notification of 

such filing to all parties.

Dated: October 27, 2020

s/ Rachel Julis

Rachel Julis

Special Assistant United States Attorney

Social Security Administration

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