Burgher v. Saul, 18-360. (2020)
Court: District Court, E.D. Pennsylvania
Number: infdco20200128f61
Visitors: 3
Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: ORDER GERALD AUSTIN McHUGH , District Judge . This 27 th day of January, 2020, on the basis of Cirko v. Berryhill , No. 19-1772 (3d Cir. January 23, 2020), it hereby ORDERED that the stay in this action is lifted. It is further ORDERED that: 1. The Report and Recommendation of United States Chief Magistrate Judge Linda K. Caracappa is APPROVED and ADOPTED ; 2. Plaintiff's Request for Review is GRANTED ; and 3. The matter is REMANDED to the Commissioner for assignment to a co
Summary: ORDER GERALD AUSTIN McHUGH , District Judge . This 27 th day of January, 2020, on the basis of Cirko v. Berryhill , No. 19-1772 (3d Cir. January 23, 2020), it hereby ORDERED that the stay in this action is lifted. It is further ORDERED that: 1. The Report and Recommendation of United States Chief Magistrate Judge Linda K. Caracappa is APPROVED and ADOPTED ; 2. Plaintiff's Request for Review is GRANTED ; and 3. The matter is REMANDED to the Commissioner for assignment to a con..
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ORDER
GERALD AUSTIN McHUGH, District Judge.
This 27th day of January, 2020, on the basis of Cirko v. Berryhill, No. 19-1772 (3d Cir. January 23, 2020), it hereby ORDERED that the stay in this action is lifted. It is further ORDERED that:
1. The Report and Recommendation of United States Chief Magistrate Judge Linda K. Caracappa is APPROVED and ADOPTED;
2. Plaintiff's Request for Review is GRANTED; and
3. The matter is REMANDED to the Commissioner for assignment to a constitutionally appointed Administrative Law Judge other than the judge who previously provided for a de novo hearing.
FootNotes
1. Andrew Saul is now the Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Andrew Saul should be substituted for Acting Commissioner Nancy A. Berryhill as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source: Leagle
