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

BRIANA SHARNEE OREE, : Plaintiff, : CIVIL ACTION : v. : : COMMISSIONER OF THE SOCIAL : SECURITY ADMINISTRATION, : No. 18-5501 Defendant. :

MEMORANDUM OPINION

Timothy R. Rice September 24, 2019 U.S. Magistrate Judge

For reasons I previously articulated in Wilson v. Berryhill, No. 18-4862,

(E.D. Pa. May 14, 2019), which were adopted in Culclasure v. Comm’r of the Soc. Sec. Admin., No. 18-1543,

(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.,

(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.