Hooper v. Kijakazi

Filing 16

ORDER REMANDING CASE: The Commissioner's final decision is reversed and remanded for further administrative proceedings. Signed by Judge Joshua M. Kindred on 6/3/2024. (JDS, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
MARJORIE L. HOOPER,
Plaintiff,
vs.
MARTIN O’MALLEY, Commissioner
of Social Security,

Case No. 3:23-cv-00259-JMK
ORDER REMANDING CASE

Defendant.

The parties, through their respective counsel, stipulate to the following
matters. The Commissioner’s final decision should be reversed and remanded for further
administrative proceedings before an Administrative Law Judge (ALJ). On remand, the
Social Security Appeals Council shall order the ALJ to: offer Plaintiff the opportunity for
a new administrative hearing; further develop the record and reevaluate the evidence, as
necessary; reevaluate the medical opinion evidence and prior administrative medical
findings; and issue a new decision.
Remand should be made under sentence four of 42 U.S.C. § 405(g). See
Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff should be entitled to reasonable

attorney fees and expenses pursuant to 28 U.S.C. § 2412(d), upon proper request to this
Court.
IT IS SO ORDERED this 3rd day of June, 2024, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE

Hooper v. O’Malley
Order Remanding Case

Case No. 3:23-cv-00259-JMK
Page 2