MARANT v. BERRYHILL

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SHARON MARANT : CIVIL ACTION : v. : : ANDREW SAUL, Commissioner of : NO. 18-4832 Social Security

O R D E R

AND NOW, this 24th day of January, 2020, upon consideration of Plaintiff’s brief (Doc. 12), the response (Doc. 15), reply (Doc. 17), this court’s prior Order staying consideration of the case pending a decision from the Third Circuit on the Appointments Clause challenge presented by Plaintiff (Doc. 20), and the Third Circuit’s decision in Cirko v. Commissioner of Social Security and Bizarre v. Commissioner of Social Security, __ F.3d __, 2020 WL 370832 (3d Cir. Jan. 23, 2020), IT IS HEREBY ORDERED that:

1. The stay is lifted.

2. Judgment is entered REVERSING the decision of the Commissioner of Social Security for the purposes of this remand only and the relief sought by Plaintiff is GRANTED to the extent that the matter is REMANDED for further proceedings consistent with this adjudication.

3. On remand, the case will be considered by a constitutionally appointed ALJ other than the one that previously adjudicated Plaintiff’s claim.

4. The clerk of Court is hereby directed to mark this case closed.

BY THE COURT:

/s/ELIZABETH T. HEY

_________________________________ ELIZABETH T. HEY, U.S.M.J.