Porter v. Bisignano

On November 17, 2025, former Congresswoman Katie Porter filed a lawsuit against Frank Bisignano in his capacity as Acting Commissioner of the Social Security Administration. Porter, representing a class of disability benefits applicants, alleged that Bisignano's appointment violated the U.S. Constitution's Appointments Clause because he was never confirmed by the Senate, yet he exercised significant authority by issuing a directive that tightened the medical review criteria for disability claims. The complaint sought a declaratory judgment that his appointment was unlawful, an injunction barring him from serving, and vacatur of the new criteria. The case was heard in federal district court, raising urgent questions about the limits of acting official authority.

The court ruled that Bisignano's continuing service as Acting Commissioner was unconstitutional because the position carries substantial independent authority requiring Senate consent. It issued a permanent injunction prohibiting Bisignano from exercising the duties of Commissioner, but declined to vacate the disability review directive, leaving it in place until a confirmed commissioner could address it.

Whether Frank Bisignano's service as Acting Commissioner required Senate confirmation under the Appointments Clause; whether the plaintiffs had standing to sue; and whether the revised medical review standards exceeded the agency's statutory authority.

The ruling intensified debate over the use of unconfirmed acting agency heads, potentially affecting other federal agencies. It also drew public attention to SSA's disability determination process, emboldening advocacy groups to challenge similar policies and prompting congressional discussions on reforming the Federal Vacancies Reform Act.