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)

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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

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