Filed: Sep. 24, 2019
Latest Update: Sep. 24, 2019
Summary: MEMORANDUM OPINION TIMOTHY R. RICE , Magistrate Judge . For reasons I previously articulated in Wilson v. Berryhill , No. 18-4862, 2019 WL 2121094 (E.D. Pa. May 14, 2019), which were adopted in Culclasure v. Comm'r of the Soc. Sec. Admin. , No. 18-1543, 2019 WL 1641192 (E.D. Pa. Apr. 16, 2019) and Perez v. Berryhill , No. 18-1907 (doc. 15) (E.D. Pa. Jan. 7, 2019), report and recommendation adopted , Order (E.D. Pa. Apr. 23, 2019) (doc. 22), I remand Plaintiff's case to a different, con
Summary: MEMORANDUM OPINION TIMOTHY R. RICE , Magistrate Judge . For reasons I previously articulated in Wilson v. Berryhill , No. 18-4862, 2019 WL 2121094 (E.D. Pa. May 14, 2019), which were adopted in Culclasure v. Comm'r of the Soc. Sec. Admin. , No. 18-1543, 2019 WL 1641192 (E.D. Pa. Apr. 16, 2019) and Perez v. Berryhill , No. 18-1907 (doc. 15) (E.D. Pa. Jan. 7, 2019), report and recommendation adopted , Order (E.D. Pa. Apr. 23, 2019) (doc. 22), I remand Plaintiff's case to a different, cons..
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MEMORANDUM OPINION
TIMOTHY R. RICE, Magistrate Judge.
For reasons I previously articulated in Wilson v. Berryhill, No. 18-4862, 2019 WL 2121094 (E.D. Pa. May 14, 2019), which were adopted in Culclasure v. Comm'r of the Soc. Sec. Admin., No. 18-1543, 2019 WL 1641192 (E.D. Pa. Apr. 16, 2019) and Perez v. Berryhill, No. 18-1907 (doc. 15) (E.D. Pa. Jan. 7, 2019), report and recommendation adopted, Order (E.D. Pa. Apr. 23, 2019) (doc. 22), I remand Plaintiff's case to a different, constitutionally appointed ALJ.
Since the ALJ's decision was a nullity based on Lucia v. S.E.C., 138 S.Ct. 2044, 2055 (2018) (holding ALJs employed by the Securities and Exchange Commission ("SEC") were inferior officers subject to the Appointments Clause of the United States Constitution), I need not address the merits of her additional claims because a new ALJ must conduct a de novo review on remand.
An appropriate Order accompanies this opinion.
