Hooper v. O'Malley

United States District Court for the District of Alaska
Hooper v. O'Malley (2024)

Hooper v. O'Malley

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ALASKA

MARJORIE L. HOOPER,

Plaintiff, Case No. 3:23-cv-00259-JMK

vs. ORDER REMANDING CASE MARTIN O’MALLEY, Commissioner of Social Security,

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

Reference

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