Lee v. O'Malley

Filing 18

ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED that the plaintiffs request for a new administrative hearing is GRANTED, the final decision of the Commissioner denying this claim is VACATED, and this case is REMANDED to th e Commissioner to conduct a new administrative hearing pursuant to 42 U.S.C. § 405(g). IT IS FURTHER ORDERED that final judgment should be entered in favor of the plaintiff and against the Commissioner of Social Security and this case be CLOSED. Signed by Magistrate Judge Martin C Carlson on 3/10/25. (rw)

Case 3:24-cv-00893-MCC

Document 18

Filed 03/10/25

Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RASHIM LEE,

:
:
Plaintiff
:
:
v.
:
:
LELAND DUDEK,
:
1
Acting Commissioner of Social Security, :
:
Defendant.
:

Civil No. 3:24-CV-00893
(Magistrate Judge Carlson)

ORDER
For the reasons set forth in the accompanying Memorandum Opinion, IT IS
ORDERED that the plaintiff’s request for a new administrative hearing is
GRANTED, the final decision of the Commissioner denying this claim is
VACATED, and this case is REMANDED to the Commissioner to conduct a new
administrative hearing pursuant to 42 U.S.C. § 405(g). IT IS FURTHER ORDERED
that final judgment should be entered in favor of the plaintiff and against the
Commissioner of Social Security and this case be CLOSED.

Leland Dudek became the Acting Commissioner of Social Security on February 16,
2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Leland Dudek
should be substituted for the previously named defendant in this suit. No further
action need 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).

1

Case 3:24-cv-00893-MCC

Document 18

Filed 03/10/25

Page 2 of 2

So ordered this 10th day of March 2025.
S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge