Foster v. Social Security Administration
Court Docket Sheet

Eastern District of Arkansas

3:2016-cv-00105 (ared)

ORDER adopting [21] Proposed Findings and Recommended Disposition in their entirety as this Court's findings. Accordingly, [16] Motion to Remand is granted. The Commissioner's decision is reversed and this matter is remanded for further administrative proceedings, consistent with the Proposed Findings and Recommended Disposition. This is a sentence four remand. Signed by Judge Susan Webber Wright on 1/24/2017.

Case 3:16-cv-00105-SWW Document 22 Filed 01/24/17 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MELISSA FOSTER PLAINTIFF V. CASE NO. 3:16-CV-00105-SWW-JTK CAROLYN W. COLVIN, Acting Commissioner Social Security Administration DEFENDANT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerome T. Kearney. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, the Commissioner’s motion to remand [ECF No. 16] is GRANTED. The Commissioner’s decision is reversed and this matter is remanded for further administrative proceedings, consistent with the Proposed Findings and Recommended Disposition.1 This is a "sentence four" remand within the meaning of 42 U.S.C. § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). IT IS SO ORDERED this 24th day of January, 2017./s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 As explained in the Proposed Findings and Recommended Disposition, the Administrative Law Judge found that Plaintiff was disabled as of September 30, 2012 but that medical improvement occurred as of October 1, 2013, such that Plaintiff’s impairments were no longer disabling. Accordingly, Plaintiff’s disability status for the period September 30, 2012 through October 1, 2013 is not at issue.

JUDGMENT pursuant to [22] Order, it is considered, ordered, and adjudged that this case is reversed and remanded for further proceedings, consistent with the Proposed Findings and Recommendations, pursuant to the fourth sentence of 42 U.S.C. � 405(g). Signed by Judge Susan Webber Wright on 1/24/2017.

Case 3:16-cv-00105-SWW Document 23 Filed 01/24/17 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MELISSA FOSTER PLAINTIFF V. CASE NO. 3:16-CV-00105-SWW-JTK CAROLYN W. COLVIN, Acting Commissioner Social Security Administration DEFENDANT JUDGMENT Pursuant to the order entered on this date, adopting the Proposed Findings and Recommended Disposition entered on December 14, 2016, IT IS CONSIDERED, ORDERED, and ADJUDGED that this case is reversed and remanded for further proceedings, consistent with the Proposed Findings and Recommended Disposition, pursuant to the fourth sentence of 42 U.S.C. § 405(g). IT IS SO ORDERED THIS 24TH DAY OF JANUARY, 2017./s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed by Melissa Foster

Case 3:16-cv-00105-SWW Document 24 Filed 03/28/17 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION __________________________________ MELISSA FOSTER, Plaintiff, 3:16-cv-00105-SWW v. Notice of Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________ COUNSEL: PLEASE TAKE NOTICE that upon the annexed affirmation of Howard D. Olinsky, attorney for the plaintiff, and other papers, the plaintiff will make a motion before the Court on a date to be set by the court, for an order: 1. Awarding an Equal Access to Justice Act Counsel Fee for $6,316.38; and 2. If the Plaintiff has no debt registered with the Department of Treasury subject to offset that the fees be made payable to the attorney; and 3. Awarding expenses in the amount of $74.03. Plaintiffs attorney, Howard D. Olinsky, moves the court for an award to be paid by the Defendant under the Equal Access to Justice Act, 28 USCS § 2412. There are no special circumstances in this case which make an award under the EAJA unjust. Case 3:16-cv-00105-SWW Document 24 Filed 03/28/17 Page 2 of 2 This motion is supported by an affirmation of Plaintiffs attorney, attached time and cost records and a Waiver of Direct Payment by the plaintiff. Executed this March 28, 2017 Respectfully submitted,/s/Howard D. Olinsky Howard D. Olinsky, Esq. Counsel for Plaintiff Olinsky Law Group One Park Place 300 South State St., Suite 420 Syracuse, NY 13202 Telephone: 315-701-5780 Facsimile: 315-701-5781 Email: fedct@windisability.com To: Gabriel Bono, Esq. Special Assistant U.S. Attorney Michigan Bar #P71570 Social Security Administration Office of the General Counsel 1301 Young Street, Suite A702 Dallas, TX 75202 Phone: 214-767-8393 Fax: 214-767-4117 Email: gabriel.bono@ssa.gov

Proposed Order

Case 3:16-cv-00105-SWW Document 24-1 Filed 03/28/17 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MELISSA FOSTER, Plaintiff, Civil Action No. 3:16-cv-00105-SWW-v-CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.-----------------------------------------------------------(Proposed) Order Awarding Attorney’s Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) Before the Court is the Motion of Plaintiff Melissa Foster for award of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the position of the defendant commissioner, if any, and recognizing the Plaintiff’s waiver of direct payment and assignment of EAJA to her counsel, IT IS HEREBY ORDERED that attorney fees, expenses, and costs in the total amount of Six Thousand Three Hundred Ninety Dollars and Forty-One Cents ($6,390.41) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). The Court hereby awards EAJA fees, broken down as follows: 1. Plaintiff is awarded $6,316.38 for paralegal and attorney’s fees under 28 U.S.C. § 2412(d); 2. Plaintiff is awarded $74.03 in expenses for Certified Mail for service of Summons and Complaint and Federal Express of the initial case documents to the Clerk. If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees, expenses, and costs are not subject to offset allowed under the Department of the Treasury’s Offset Program (TOPS), then the check for EAJA fees, expenses, and costs shall be made payable to Plaintiff’s attorney, Paul Eaglin. Whether the check is made payable to Plaintiff or to Howard D. Olinsky, the check shall be Case 3:16-cv-00105-SWW Document 24-1 Filed 03/28/17 Page 2 of 2 mailed to Howard D. Olinsky at the following address: 300 South State Street Suite 420 Syracuse, NY 13202 So ordered. Date: ________________ ______________________________ Susan Webber Wright United States District Judge [proposed Order proffer: Howard D. Olinsky; copy to Gabriel Bono]

AFFIDAVIT in Support re [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed filed by Melissa Foster.

Case 3:16-cv-00105-SWW Document 25 Filed 03/28/17 Page 1 of 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION __________________________________ MELISSA FOSTER, Plaintiff, 3:16-cv-00105-SWW Attorney’s Affirmation v. in Support of Motion for EAJA Fees CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________ STATE OF NEW YORK) COUNTY OF ONONDAGA) ss: Howard D. Olinsky, hereby affirms and states: 1. I am Plaintiff’s attorney in this action. 2. I make this affirmation knowing that the Court will rely upon it assessing any awards under the Equal Access to Justice Act disposed of under 28 USCS § 2412. 3. There are no special circumstances in this case which make an award under the EAJA unjust. 4. The Court ordered that this case be remanded for further administrative proceedings, under the fourth sentence of 42 U.S.C. § 405(g). 5. Plaintiff is a party whose net assets are worth less than two million dollars. 6. It is alleged that the Government’s position in litigation was "not substantially justified. 7. A judgment has been entered and has not or will not be appealed. Case 3:16-cv-00105-SWW Document 25 Filed 03/28/17 Page 2 of 4 HOURLY RATE REQUESTED 8. The statutory EAJA fee in March 1996 was $125.00 per hour. However, there has been an increase in the cost of living since the amendment to the EAJA took effect on March 29, 1996. Cost of living increase is specifically mentioned in the EAJA as a factor justifying a fee greater than $125.00 per hour. 28 USCS § 2412 (d)(2)(A)(ii). According to the Consumer Price Index for this region as reported by the Bureau of Labor Statistics (Exhibit A), there has been an increase in the cost of living from March 29, 1996 to the present. Applying this cost of living increase to $125.00 per hour yields an attorney’s hourly rate identified in the chart below for work using the second half of 2016 figures. Atty CPI increase $191.86 Atty hours 28.7 $5,506.38 Paralegal rate $100.00 Paralegal hours 8.1 $810.00 Total EAJA request $6,316.38 TIME/COST ACCOUNTING 9. The time accounting is presented to the court in two fashions. Exhibit B is the time spent by all who worked on this case in chronological sequence. Exhibit C lists the attorneys and their time and Exhibit D lists the paralegals and their time. 10. I am requesting reimbursement of expenses of $16.62 for Certified Summons & Complaint to the Defendant’s offices and $57.41 for the Federal Expressing of the initial case documents to the Clerk, for a total of $74.03 in expenses shown on Exhibit E. 11. All services on this case were rendered by your affiant and my professional staff, unless specifically noted otherwise. The attached records were contemporaneously created and Case 3:16-cv-00105-SWW Document 25 Filed 03/28/17 Page 3 of 4 stored in the firms Prevail Database, and are printed out and attached. The itemized time represents hours spent preparing and handling this case for U.S. District Court. Clerical time is not included in this petition or has been zeroed out. Waiver of Direct Payment of EAJA Fees 12. Attached as Exhibit F is a Waiver of Direct Payment duly executed by the plaintiff. With this Waiver, if Plaintiff owes a debt that qualifies under the Treasury Offset Program (31 USCS § 3716), any payment shall be made payable to the Plaintiff and delivered to the Plaintiff’s attorney. If the United States Department of Treasury determines that Plaintiff owes no debt that is subject to offset, the government may accept the assignment of EAJA fees and pay such fees directly to the Plaintiff’s attorney. Astrue v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521 (2010). WHEREFORE, because all four elements of an allowable application for EAJA fees have been proven or alleged, petitioner humbly prays that the Court issue an order: 1. Awarding attorney’s fees of $6,316.38 under the Equal Access to Justice Act; and 2. If the Plaintiff has no debt registered with the Department of Treasury subject to offset that the fees be made payable to the attorney; and 3. Awarding expenses in the amount of $74.03. Executed March 28, 2017 Respectfully submitted,/s/Howard D. Olinsky Howard D. Olinsky, Esq. Counsel for Plaintiff Olinsky Law Group One Park Place 300 South State St., Suite 420 Case 3:16-cv-00105-SWW Document 25 Filed 03/28/17 Page 4 of 4 Syracuse, NY 13202 Telephone: 315-701-5780 Facsimile: 315-701-5781 Email: fedct@windisability.com To: Gabriel Bono, Esq. Special Assistant U.S. Attorney Michigan Bar #P71570 Social Security Administration Office of the General Counsel 1301 Young Street, Suite A702 Dallas, TX 75202 Phone: 214-767-8393 Fax: 214-767-4117 Email: gabriel.bono@ssa.gov

Exhibit A CPI Table

Exhibit A Case 3:16-cv-00105-SWW Document 25-1 Filed 03/28/17 Page 2 of 3 Second Half of 2016 CPI Calculation EAJA CALCULATION TABLES – INFLATION SINCE 1996 In March 1996 when EAJA was enacted, the consumer price index for the South was 152.4. The original maximum EAJA rate was $125 per hour. 28 U.S.C. §2412(d)(2)(A)(ii). 2016 In the Second Half of 2016, the Average Consumer Price Index was 233.915 Therefore, Original EAJA Rate (x)2016 EAJA Rate ________________ = _____________ March 1996 CPI 2016 CPI $125.00 x _________ = __________ 152.4 233.915 2016 EAJA Rate = $191.86 per hour Source: Consumer Price Index – South Urban – All Urban Consumers, Bureau of Labor Statistics, U.S. Department of Labor, available at http://Data.bls.gov (last visited March 16, 2017) Bureau of Labor Statistics Data https://data.bls.gov/pdq/SurveyOutputServlet Case 3:16-cv-00105-SWW Document 25-1 Filed 03/28/17 Page 3 of 3 A to Z Index FAQs About BLS Contact Us Subscribe to E-mail Updates Follow Us What's New Release Calendar Blog Search BLS.gov Home Subjects Data Tools Publications Economic Releases Students Beta SHARE ON: FONT SIZE: Change Output Options: From: To: include graphs include annual averages Data extracted on: March 16, 2017 (9:26:55 AM) Consumer Price Index-All Urban Consumers Series Id: CUUR0300SA0 Not Seasonally Adjusted Area: South urban Item: All items Base Period: 1982-84=100 Download: Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 1996 151.1 151.5 152.4 153.2 153.5 154.0 154.0 154.1 154.5 154.9 155.1 155.1 153.6 152.6 154.6 1997 155.7 156.1 156.5 156.7 156.6 157.0 157.0 157.1 157.5 157.8 157.8 157.3 156.9 156.4 157.4 1998 157.6 157.8 158.2 158.5 158.8 159.1 159.3 159.5 159.5 159.8 159.6 159.6 158.9 158.3 159.6 1999 159.9 160.0 160.6 161.5 161.6 161.7 162.2 162.6 163.2 163.6 163.5 163.6 162.0 160.9 163.1 2000 164.1 164.8 166.5 166.7 166.7 167.5 168.0 168.0 168.5 168.5 168.6 168.4 167.2 166.1 168.3 2001 169.3 170.2 170.6 171.4 171.7 172.2 171.6 171.5 172.2 171.7 171.0 170.3 171.1 170.9 171.4 2002 170.6 171.0 172.1 173.1 173.2 173.5 173.6 173.8 174.2 174.9 174.9 174.6 173.3 172.3 174.3 2003 175.1 176.4 177.5 177.4 176.8 177.2 177.3 177.9 178.3 178.1 177.5 177.5 177.3 176.7 177.8 2004 178.2 179.1 180.1 180.9 182.0 182.9 182.6 182.6 182.8 183.7 183.7 183.3 181.8 180.5 183.1 2005 183.6 184.7 185.9 187.3 187.3 187.8 188.5 189.4 192.0 192.5 190.7 190.1 188.3 186.1 190.5 2006 191.5 191.8 192.8 194.7 195.5 196.3 197.0 197.1 195.8 194.7 194.3 194.8 194.7 193.8 195.6 2007 195.021 195.950 197.904 199.618 200.804 201.675 201.571 201.041 201.697 202.155 203.437 203.457 200.361 198.495 202.226 2008 204.510 205.060 206.676 208.085 210.006 212.324 213.304 212.387 212.650 210.108 205.559 203.501 208.681 207.777 209.585 2009 204.288 205.343 206.001 206.657 207.265 209.343 208.819 209.000 208.912 209.292 209.738 209.476 207.845 206.483 209.206 2010 210.056 210.020 211.216 211.528 211.423 211.232 210.988 211.308 211.775 212.026 211.996 212.488 211.338 210.913 211.764 2011 213.589 214.735 217.214 218.820 219.820 219.318 219.682 220.471 220.371 219.969 219.961 219.469 218.618 217.249 219.987 2012 220.497 221.802 223.314 224.275 223.356 223.004 222.667 223.919 225.052 224.504 223.404 223.109 223.242 222.708 223.776 2013 223.933 225.874 226.628 226.202 226.289 227.148 227.548 227.837 227.876 227.420 226.811 227.082 226.721 226.012 227.429 2014 227.673 228.664 230.095 231.346 231.762 232.269 232.013 231.611 231.762 231.131 229.845 228.451 230.552 230.302 230.802 2015 226.855 227.944 229.337 229.957 230.886 232.026 231.719 231.260 230.913 230.860 230.422 229.581 230.147 229.501 230.793 2016 229.469 229.646 230.977 231.975 232.906 233.838 233.292 233.561 234.069 234.337 234.029 234.204 232.692 231.469 233.915 2017 235.492 236.052 RECOMMEND THIS PAGE USING: Facebook Twitter LinkedIn TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help & Tutorials What's New Inspector General (OIG) Industries at a Glance Location Quotient FAQs Careers@BLS Budget and Performance Economic Releases Injury And Illness Glossary Find It! DOL No Fear Act Databases & Tables About BLS Join our Mailing Lists USA.gov Maps Contact Us Linking & Copyright Info Benefits.gov Disability.gov Freedom of Information Act Privacy & Security Statement Disclaimers Customer Survey Important Web Site Notices U.S. Bureau of Labor Statistics Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www.bls.gov Telephone: 1-202-691-5200 TDD: 1-800-877-8339 Contact Us 1 of 1 3/16/2017 9:35 AM

Exhibit B All Professional Time

Exhibit B Case 3:16-cv-00105-SWW Document 25-2 Filed 03/28/17 Page 2 of 4 Ledger Foster, Melissa Date  Subject Hours Timekeeper 2/17/2016 Files received and processed from Referral Source for Attorney review 0.6 Callahan, Michelle 2/17/2016 Correspondence to Client re: Referral acknowledgment letter 0.2 Callahan, Michelle 2/29/2016 Telephone call with Client re: Debt conference call, explained process 0.4 Callahan, Michelle 3/24/2016 Review decisions and evidence to determine whether to appeal case 1 Fecio, Michelle 3/28/2016 FDC prospect packet prepared for Client completion 0.6 Callahan, Michelle 3/31/2016 Telephone call with Client re: Assistance with in Forma Pauperis application 0.5 Callahan, Michelle 4/5/2016 FDC Prospect Packet Sent via Right Signature 0.2 Callahan, Michelle 4/6/2016 FDC Prospect packet returned via Right Signature, reviewed for completion 0.3 Smith, Michael P. 4/6/2016 Email to referral source re: Initiating civil action o/b/o Melissa Foster 0.2 Callahan, Michelle 4/14/2016 Federal Express Case initiating documents to the clerk for docketing 0 Smith, Michael P. 4/14/2016 Review Motion to Proceed In Forma Pauperis, approve for filing 0.2 Olinsky, Howard D. 4/14/2016 Draft complaint, proposed summons, civil cover sheet, and letter to clerk 0.7 Olinsky, Howard D. 4/15/2016 Federal Court-Accept Letter-New FDC Filing 0.3 Smith, Michael P. 4/15/2016 Download, file, save and distribute ECF re: Order granting IFP application 0 Callahan, Michelle 4/15/2016 Download, file, save and distribute ECF re: Complaint 0 Callahan, Michelle 4/15/2016 Download, file, save and distribute ECF re: Motion for Leave in Forma Pauperis 0 Callahan, Michelle 4/15/2016 Review Order granting motion for In Forma Pauperis status 0.1 Olinsky, Howard D. 4/15/2016 Download, file, save and distribute ECF re: Summons issued (notice only) 0 Callahan, Michelle 4/15/2016 Review Summons Issued (text notice only) 0.1 Olinsky, Howard D. 4/19/2016 Received and processed Issued Summons via USPS 0 Callahan, Michelle 4/19/2016 Review Summons Issued, Notice of Magistrate consent by USAO 0.3 Olinsky, Howard D. 4/27/2016 Federal Court-Service of Process-Prepare Service packets USAO, OGC, AG 0.6 Callahan, Michelle 5/4/2016 Download, file, save electronic return receipt USAO, OCG, and AG 0 Callahan, Michelle 5/11/2016 Combine and File Proof of service via CM/ECF USAO, OGC, AG 0.3 Callahan, Michelle 5/11/2016 Download, file, save and distribute ECF re: Summons returned executed 0 Callahan, Michelle 6/30/2016 Download, file, save and distribute ECF re: NOA Earnie A. Joe 0 Callahan, Michelle 6/30/2016 Review Notice of Appearance Earnie A. Joe o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 7/1/2016 Download, file, save and distribute ECF re: Answer to filed complaint 0 Callahan, Michelle 7/1/2016 Review Answer to filed complaint 0.1 Eaglin, Paul B. 7/1/2016 Download, file, save and distribute ECF re: Notice by SSA 0 Callahan, Michelle 7/1/2016 Review Notice by SSA conventional filing of administrative record 0.1 Eaglin, Paul B. 7/5/2016 Review Correspondence from Long Term Insurance carrier re: Status request 0.2 Eaglin, Paul B. 7/8/2016 Download, file, save and distribute ECF re: Admin record received paper format 0 Callahan, Michelle 7/8/2016 Review Notice of CAR received in paper format at Clerks office 0.1 Eaglin, Paul B. 7/8/2016 CAR received via CD, emails with Opposing Counsel for password 0.3 Eaglin, Paul B. 7/8/2016 Download, file and save transcript from CD, OCR and Live Bookmark (670 pgs) 0.7 Callahan, Michelle 7/12/2016 Download, file, save and distribute ECF re: Scheduling order 0 Callahan, Michelle 7/12/2016 Review Scheduling order, calendar deadlines on task pad 0.3 Eaglin, Paul B. 7/12/2016 Preliminary review of transcript-assign Attorney writer 0.5 Eaglin, Paul B. 8/22/2016 Review deadlines reassign Attorney writer 0 Eaglin, Paul B. 36.80 (Category = Federal Court) and (Type = Time)    Case 3:16-cv-00105-SWW Document 25-2 Filed 03/28/17 Page 3 of 4 Date  Subject Hours Timekeeper 8/23/2016 Review file in preparation for drafting brief, make notes 5.6 Wicklund, Edward A. 8/23/2016 Draft and file Plaintiff's first extension request 0 Wicklund, Edward A. 8/24/2016 Brief formatting and fact writing 6.9 Wicklund, Edward A. 8/24/2016 Download, file, save and distribute ECF re: Unopposed motion for extension 0 Lockwood, Tamica 8/24/2016 Download, file, save and distribute ECF re: Order granting extension request 0 Lockwood, Tamica 8/24/2016 Review Order granting Plaintiff's extension request, update task pad 0 Eaglin, Paul B. 8/24/2016 Review Order granting plaintiff's extension to file brief 0 Wicklund, Edward A. 8/25/2016 Continue drafting brief, legal research 3.6 Wicklund, Edward A. 8/26/2016 Continue brief drafting, legal research evidence not in record 1 Wicklund, Edward A. 8/26/2016 Senior Attorney review draft brief, suggest edits 1.2 Eaglin, Paul B. 8/26/2016 Implement suggested edits, finalize and file brief (n/c for filing) 1 Wicklund, Edward A. 8/29/2016 Correspondence to Client re: Federal Court-FYI Memo of Law Mailed 0 Gifford, Kyrsten 8/29/2016 Download, file, save and distribute ECF re: Plaintiff's brief 0 Lockwood, Tamica 8/29/2016 Emails with Opposing Counsel re: Supplement to CAR (after brief filing) 0.3 Wicklund, Edward A. 8/31/2016 Download, file, save and distribute ECF re: NOA Gabriel Bono 0 Lockwood, Tamica 8/31/2016 Review Notice of Appearance Gabriel Michael Bono o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 9/21/2016 Telephone call with Oppsoing Counsel re: Extension request 0.2 Gifford, Kyrsten 9/21/2016 Email to Opposing Counsel re: Executed magistrate consent form 0.1 Lockwood, Tamica 9/21/2016 Review and execute magistrate consent form 0.2 Olinsky, Howard D. 9/23/2016 Telephone call with Opposing Counsel 0.1 Gifford, Kyrsten 9/28/2016 Emails with Opposing Counsel remand negotiations and extension request 0.4 Olinsky, Howard D. 9/28/2016 Download, file, save and distribute ECF re: Unopposed motion to extend 0 Lockwood, Tamica 9/28/2016 Review Unopposed motion to extend Defendants briefing deadlinbe 0.1 Eaglin, Paul B. 9/29/2016 Download, file, save and distribute ECF re: Order granting extension 0 Lockwood, Tamica 9/29/2016 Review Text notice granting Defendant's extension for brief, update task pad 0.2 Eaglin, Paul B. 10/17/2016 Download, file, save and distribute ECF re: Motion to remand 0 Lockwood, Tamica 10/17/2016 Review Defendant's motion to remand 0.1 Eaglin, Paul B. 10/31/2016 Draft and file extension to respond to motion to remand 0 Wicklund, Edward A. 10/31/2016 Download, file, save and distribute ECF re: Motion for extension to respond 0 Lockwood, Tamica 11/2/2016 Download, file, save and distribute ECF re: Order granting extension to respond 0 Lockwood, Tamica 11/2/2016 Review Order granting extension to respond to motion to remand 0 Eaglin, Paul B. 11/7/2016 Research draft response to Defendant's motion to remand 2.3 Wicklund, Edward A. 11/7/2016 Senior Attorney review response to motion to remand, suggest edits 0.3 Eaglin, Paul B. 11/7/2016 Implement suggested edits, finalize and file response to remand (n/c for filing) 0.5 Wicklund, Edward A. 11/7/2016 Download, file, save and distribute ECF re: Response to motion to remand 0 Lockwood, Tamica 12/14/2016 Download, file, save and distribute ECF re: Proposed findings and recommendation 0 Lockwood, Tamica 12/14/2016 Review Proposed finding and recommendations 0.1 Eaglin, Paul B. 1/24/2017 Download, file, save and distribute ECF re: Order adopting report and rec 0 Lockwood, Tamica 1/24/2017 Review Order adopting proposed findings and recommendations 0.1 Eaglin, Paul B. 1/24/2017 Download, file, save and distribute ECF re: Judgment 0 Lockwood, Tamica 1/24/2017 Review Judgment in favor of Melissa Foster 0.1 Eaglin, Paul B. 1/27/2017 Correspondence to Client re: FDC Remand 0.2 Callahan, Michelle 1/27/2017 Federal Court-Remand Referral back to Referral Source 0.3 Callahan, Michelle 3/23/2017 EAJA Preparation 1.5 Persse, Shannon 36.80 (Category = Federal Court) and (Type = Time)    Case 3:16-cv-00105-SWW Document 25-2 Filed 03/28/17 Page 4 of 4 Date  Subject Hours Timekeeper 3/24/2017 Review Timeslips Finalize EAJA Motion 0.5 Olinsky, Howard D. 3/24/2017 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.8 Persse, Shannon 36.80 (Category = Federal Court) and (Type = Time)   

Exhibit C Attorney Time

Exhibit C Case 3:16-cv-00105-SWW Document 25-3 Filed 03/28/17 Page 2 of 2 Ledger Foster, Melissa Date  Subject Hours Timekeeper 3/24/2016 Review decisions and evidence to determine whether to appeal case 1 Fecio, Michelle 4/14/2016 Review Motion to Proceed In Forma Pauperis, approve for filing 0.2 Olinsky, Howard D. 4/14/2016 Draft complaint, proposed summons, civil cover sheet, and letter to clerk 0.7 Olinsky, Howard D. 4/15/2016 Review Order granting motion for In Forma Pauperis status 0.1 Olinsky, Howard D. 4/15/2016 Review Summons Issued (text notice only) 0.1 Olinsky, Howard D. 4/19/2016 Review Summons Issued, Notice of Magistrate consent by USAO 0.3 Olinsky, Howard D. 6/30/2016 Review Notice of Appearance Earnie A. Joe o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 7/1/2016 Review Answer to filed complaint 0.1 Eaglin, Paul B. 7/1/2016 Review Notice by SSA conventional filing of administrative record 0.1 Eaglin, Paul B. 7/5/2016 Review Correspondence from Long Term Insurance carrier re: Status request 0.2 Eaglin, Paul B. 7/8/2016 Review Notice of CAR received in paper format at Clerks office 0.1 Eaglin, Paul B. 7/8/2016 CAR received via CD, emails with Opposing Counsel for password 0.3 Eaglin, Paul B. 7/12/2016 Review Scheduling order, calendar deadlines on task pad 0.3 Eaglin, Paul B. 7/12/2016 Preliminary review of transcript-assign Attorney writer 0.5 Eaglin, Paul B. 8/22/2016 Review deadlines reassign Attorney writer 0 Eaglin, Paul B. 8/23/2016 Review file in preparation for drafting brief, make notes 5.6 Wicklund, Edward A. 8/23/2016 Draft and file Plaintiff's first extension request 0 Wicklund, Edward A. 8/24/2016 Brief formatting and fact writing 6.9 Wicklund, Edward A. 8/24/2016 Review Order granting Plaintiff's extension request, update task pad 0 Eaglin, Paul B. 8/24/2016 Review Order granting plaintiff's extension to file brief 0 Wicklund, Edward A. 8/25/2016 Continue drafting brief, legal research 3.6 Wicklund, Edward A. 8/26/2016 Continue brief drafting, legal research evidence not in record 1 Wicklund, Edward A. 8/26/2016 Senior Attorney review draft brief, suggest edits 1.2 Eaglin, Paul B. 8/26/2016 Implement suggested edits, finalize and file brief (n/c for filing) 1 Wicklund, Edward A. 8/29/2016 Emails with Opposing Counsel re: Supplement to CAR (after brief filing) 0.3 Wicklund, Edward A. 8/31/2016 Review Notice of Appearance Gabriel Michael Bono o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 9/21/2016 Review and execute magistrate consent form 0.2 Olinsky, Howard D. 9/28/2016 Emails with Opposing Counsel remand negotiations and extension request 0.4 Olinsky, Howard D. 9/28/2016 Review Unopposed motion to extend Defendants briefing deadlinbe 0.1 Eaglin, Paul B. 9/29/2016 Review Text notice granting Defendant's extension for brief, update task pad 0.2 Eaglin, Paul B. 10/17/2016 Review Defendant's motion to remand 0.1 Eaglin, Paul B. 10/31/2016 Draft and file extension to respond to motion to remand 0 Wicklund, Edward A. 11/2/2016 Review Order granting extension to respond to motion to remand 0 Eaglin, Paul B. 11/7/2016 Research draft response to Defendant's motion to remand 2.3 Wicklund, Edward A. 11/7/2016 Senior Attorney review response to motion to remand, suggest edits 0.3 Eaglin, Paul B. 11/7/2016 Implement suggested edits, finalize and file response to remand (n/c for filing) 0.5 Wicklund, Edward A. 12/14/2016 Review Proposed finding and recommendations 0.1 Eaglin, Paul B. 1/24/2017 Review Order adopting proposed findings and recommendations 0.1 Eaglin, Paul B. 1/24/2017 Review Judgment in favor of Melissa Foster 0.1 Eaglin, Paul B. 3/24/2017 Review Timeslips Finalize EAJA Motion 0.5 Olinsky, Howard D. 28.70 (Category = Federal Court) and (Type = Time) and ((Timekeeper = Eaglin, Paul B.) or (Timekeeper = Fecio, Michelle) or (Timekee...   

Exhibit D Paralegal Time

Exhibit D Case 3:16-cv-00105-SWW Document 25-4 Filed 03/28/17 Page 2 of 3 Ledger Foster, Melissa Date  Subject Hours Timekeeper 2/17/2016 Files received and processed from Referral Source for Attorney review 0.6 Callahan, Michelle 2/17/2016 Correspondence to Client re: Referral acknowledgment letter 0.2 Callahan, Michelle 2/29/2016 Telephone call with Client re: Debt conference call, explained process 0.4 Callahan, Michelle 3/28/2016 FDC prospect packet prepared for Client completion 0.6 Callahan, Michelle 3/31/2016 Telephone call with Client re: Assistance with in Forma Pauperis application 0.5 Callahan, Michelle 4/5/2016 FDC Prospect Packet Sent via Right Signature 0.2 Callahan, Michelle 4/6/2016 FDC Prospect packet returned via Right Signature, reviewed for completion 0.3 Smith, Michael P. 4/6/2016 Email to referral source re: Initiating civil action o/b/o Melissa Foster 0.2 Callahan, Michelle 4/14/2016 Federal Express Case initiating documents to the clerk for docketing 0 Smith, Michael P. 4/15/2016 Federal Court-Accept Letter-New FDC Filing 0.3 Smith, Michael P. 4/15/2016 Download, file, save and distribute ECF re: Order granting IFP application 0 Callahan, Michelle 4/15/2016 Download, file, save and distribute ECF re: Complaint 0 Callahan, Michelle 4/15/2016 Download, file, save and distribute ECF re: Motion for Leave in Forma Pauperis 0 Callahan, Michelle 4/15/2016 Download, file, save and distribute ECF re: Summons issued (notice only) 0 Callahan, Michelle 4/19/2016 Received and processed Issued Summons via USPS 0 Callahan, Michelle 4/27/2016 Federal Court-Service of Process-Prepare Service packets USAO, OGC, AG 0.6 Callahan, Michelle 5/4/2016 Download, file, save electronic return receipt USAO, OCG, and AG 0 Callahan, Michelle 5/11/2016 Combine and File Proof of service via CM/ECF USAO, OGC, AG 0.3 Callahan, Michelle 5/11/2016 Download, file, save and distribute ECF re: Summons returned executed 0 Callahan, Michelle 6/30/2016 Download, file, save and distribute ECF re: NOA Earnie A. Joe 0 Callahan, Michelle 7/1/2016 Download, file, save and distribute ECF re: Answer to filed complaint 0 Callahan, Michelle 7/1/2016 Download, file, save and distribute ECF re: Notice by SSA 0 Callahan, Michelle 7/8/2016 Download, file, save and distribute ECF re: Admin record received paper format 0 Callahan, Michelle 7/8/2016 Download, file and save transcript from CD, OCR and Live Bookmark (670 pgs) 0.7 Callahan, Michelle 7/12/2016 Download, file, save and distribute ECF re: Scheduling order 0 Callahan, Michelle 8/24/2016 Download, file, save and distribute ECF re: Unopposed motion for extension 0 Lockwood, Tamica 8/24/2016 Download, file, save and distribute ECF re: Order granting extension request 0 Lockwood, Tamica 8/29/2016 Correspondence to Client re: Federal Court-FYI Memo of Law Mailed 0 Gifford, Kyrsten 8/29/2016 Download, file, save and distribute ECF re: Plaintiff's brief 0 Lockwood, Tamica 8/31/2016 Download, file, save and distribute ECF re: NOA Gabriel Bono 0 Lockwood, Tamica 9/21/2016 Telephone call with Oppsoing Counsel re: Extension request 0.2 Gifford, Kyrsten 9/21/2016 Email to Opposing Counsel re: Executed magistrate consent form 0.1 Lockwood, Tamica 9/23/2016 Telephone call with Opposing Counsel 0.1 Gifford, Kyrsten 9/28/2016 Download, file, save and distribute ECF re: Unopposed motion to extend 0 Lockwood, Tamica 9/29/2016 Download, file, save and distribute ECF re: Order granting extension 0 Lockwood, Tamica 10/17/2016 Download, file, save and distribute ECF re: Motion to remand 0 Lockwood, Tamica 10/31/2016 Download, file, save and distribute ECF re: Motion for extension to respond 0 Lockwood, Tamica 11/2/2016 Download, file, save and distribute ECF re: Order granting extension to respond 0 Lockwood, Tamica 11/7/2016 Download, file, save and distribute ECF re: Response to motion to remand 0 Lockwood, Tamica 12/14/2016 Download, file, save and distribute ECF re: Proposed findings and recommendation 0 Lockwood, Tamica 8.10 (Category = Federal Court) and (Type = Time) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Gifford, Kyrsten) or (Tim...    Case 3:16-cv-00105-SWW Document 25-4 Filed 03/28/17 Page 3 of 3 Date  Subject Hours Timekeeper 1/24/2017 Download, file, save and distribute ECF re: Order adopting report and rec 0 Lockwood, Tamica 1/24/2017 Download, file, save and distribute ECF re: Judgment 0 Lockwood, Tamica 1/27/2017 Correspondence to Client re: FDC Remand 0.2 Callahan, Michelle 1/27/2017 Federal Court-Remand Referral back to Referral Source 0.3 Callahan, Michelle 3/23/2017 EAJA Preparation 1.5 Persse, Shannon 3/24/2017 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.8 Persse, Shannon 8.10 (Category = Federal Court) and (Type = Time) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Gifford, Kyrsten) or (Tim...   

Exhibit E Expense

Exhibit E Case 3:16-cv-00105-SWW Document 25-5 Filed 03/28/17 Page 2 of 2 Ledger Foster, Melissa Date  Subject Amount Timekeeper 4/14/2016 Federal Express expense for initial case documents to clerk $57.41 Smith, Michael P. 4/27/2016 Certified Mail Expense re: Federal Court-Service of Process to Defendants $16.62 Callahan, Michelle $74.03 (Category = FC Expense-)   

Exhibit F Affirmation and Waiver of Direct Payment of EAJA Fees

Exhibit F Case 3:16-cv-00105-SWW Document 25-6 Filed 03/28/17 Page 2 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS (JONESBORO DIVISION)--------------------------------------------------------------MS. MELISSA FOSTER, AFFIRMATION AND WAIVER OF DIRECT PAYMENT Plaintiff, OF EAJA FEES v. Civil Action No.: _________________ CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, Defendant.---------------------------------------------------------------Ms. Melissa Foster, hereby states the following: 1. I am the Plaintiff in the above-captioned matter. 2. That I have retained Olinsky Law Group as my attorney for the above-captioned matter. 3. At the time that this action was begun, my net worth was less than $2,000,000.00. 4. If my case is remanded by the Federal Court, either by stipulation or order, my attorney may file for attorney’s fees pursuant to the Equal Access to Justice Act (EAJA). I understand that the EAJA fees are paid by the Federal Government and do not come from any back benefits owed to me by the Social Security Administration. 5. I hereby agree to waive direct payment of the EAJA fees and assign said fees to be paid directly to my attorney. 6. I understand that my attorney may still petition the Administration for legal fees for his or her work before the Administration that will be paid from my back benefits. As the Plaintiff in this case, I hereby declare and affirm under penalty of perjury that the information above is true and correct. Executed on April 5, 2016. __________________________ Ms. Melissa Foster Plaintiff

Memorandum In Support

Case 3:16-cv-00105-SWW Document 25-7 Filed 03/28/17 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION __________________________________ MELISSA FOSTER, Plaintiff, 3:16-cv-00105-SWW v. Memorandum In Support of Plaintiff’s Petition for Counsel Fee Allowance Under Equal Access to Justice Act CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________ This is a memorandum in support of a petition for an award of Counsel Fees under the Equal Access to Justice Act, 28 USCS § 2412 "EAJA." An EAJA award is available to a "prevailing party" in a case against the Federal Government, including Social Security cases, in the following instances: (a) When and if the plaintiff actually "prevails"; (b) The Government’s position in litigation is "not substantially justified"; (c) Plaintiff is a party whose net assets are worth less than two million dollars; and (d) The case has concluded with a "final order" which is non-appealable, or will not be appealed. Addressing these elements in reverse order, it is clear that the Plaintiff has met the burden necessary to receive EAJA fees. Plaintiff’s net worth did not exceed $2,000,000.00 when this action was filed. After service of the summons and complaint this Court entered an Order Case 3:16-cv-00105-SWW Document 25-7 Filed 03/28/17 Page 2 of 3 remanding this matter back to the Commissioner for further administrative proceedings pursuant to Sentence four of 42 U.S.C. § 405(g). Judgment was entered and has not been appealed. Plaintiff has prevailed because the District Court remanded the case under sentence four of 42 U.S.C. § 405(g). Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993). Finally, the Commissioner was not substantially justified. As the U. S. Supreme Court has held, "the required'not substantially justified’ allegation imposes no proof burden on the fee applicant. It is, as its text conveys, nothing more than an allegation or pleading requirement. The burden of establishing'that the position of the United States was substantially justified’ … must be shouldered by the Government." Scarborough v. Principi, 541 U.S. 401, 124 S. Ct. 1856 (2004) While the fee applicant such as Plaintiff is required to "show" three of the four elements—prevailing party status, financial eligibility, and amount sought—Plaintiff need only "to allege" that the position of the government is not substantially justified. Id. Executed March 28, 2017 Respectfully submitted,/s/Howard D. Olinsky Howard D. Olinsky, Esq. Counsel for Plaintiff Olinsky Law Group One Park Place 300 South State St., Suite 420 Syracuse, NY 13202 Telephone: 315-701-5780 Facsimile: 315-701-5781 Email: fedct@windisability.com To: Gabriel Bono, Esq. Special Assistant U.S. Attorney Michigan Bar #P71570 Social Security Administration Office of the General Counsel 1301 Young Street, Suite A702 Dallas, TX 75202 Phone: 214-767-8393 Fax: 214-767-4117 Email: gabriel.bono@ssa.gov

Certificate of Service

Case 3:16-cv-00105-SWW Document 25-8 Filed 03/28/17 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION __________________________________ MELISSA FOSTER, Plaintiff, 3:16-cv-00105-SWW v. Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________ CERTIFICATE OF SERVICE I certify that I have electronically served the Notice of Motion, supporting affirmation and attached exhibits and Memo of Law for an EAJA application with the Clerk of the District Court using the CM/ECF system, which sent notification of such filing to: To: Gabriel Bono, Esq. Special Assistant U.S. Attorney Michigan Bar #P71570 Social Security Administration Office of the General Counsel 1301 Young Street, Suite A702 Dallas, TX 75202 Phone: 214-767-8393 Fax: 214-767-4117 Email: gabriel.bono@ssa.gov March 28, 2017/s/Howard D. Olinsky Howard D. Olinsky, Esq.

RESPONSE to Motion re [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed filed by Social Security Administration.

Case 3:16-cv-00105-SWW Document 26 Filed 03/30/17 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MELISSA FOSTER, § Plaintiff, § § v. § CIVIL ACTION 3:16-CV-00105-SWW § CAROLYN W. COLVIN,1 § Acting Commissioner of Social Security, § Defendant. § DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR ATTORNEY FEES Defendant, Acting Commissioner of Social Security (Commissioner), hereby files her response to Plaintiff’s "First Motion for Attorney Fees Pursuant to the Equal Access to Justice Act" See Ct. Dkt. #24 (Plaintiff’s Motion). Plaintiff asked this Court for an award of $6,316.38 in attorney fees, $74.03 in expenses, and no costs. See Plaintiff’s Motion at 1. Because Plaintiff’s requested rate and time spent are reasonable, the Commissioner does not oppose the Motion. If this Court awards attorney fees, the government should make the fees payable to Plaintiff, not Plaintiff’s attorney. Astrue v. Ratliff, 130 S.Ct. 2521, 2522 (2010); see also 28 U.S.C. § 2412(d)(1)(A) ("[e]xcept as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a) incurred by that party in any civil action..."). 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to 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). Case 3:16-cv-00105-SWW Document 26 Filed 03/30/17 Page 2 of 2 Respectfully submitted, PATRICK C. HARRIS Acting United States Attorney Eastern District of Arkansas STACEY McCORD Assistant U.S. Attorney Eastern District of Arkansas TRACI B. DAVIS Acting Regional Chief Counsel Social Security Administration/s/Gabriel Bono Gabriel M. Bono Special Assistant United States Attorney Eastern District of Arkansas Michigan Bar No. P71570 Social Security Administration Office of the General Counsel 1301 Young Street, Suite A702 Dallas, TX 75202-5433 Phone: (214) 767-8393 Fax: (214) 767-4117 gabriel.bono@ssa.gov CERTIFICATE OF SERVICE I hereby certify that on March 30, 2017, I electronically transmitted the attached document to the Clerk of the Court using the ECF’s system for filing and transmittal to Plaintiff’s attorney, Howard D. Olinsky, an ECF registrant./s/Gabriel Bono Gabriel M. Bono Special Assistant United States Attorney 2

ORDER granting [24] Motion for Attorney Fees. Plaintiff is awarded $6,316.38 in attorneys fees and $74.03 in costs under the EAJA. Consistent with the Commissioner's usual procedure and in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA attorney's fees should be made payable to Plaintiff, but mailed to the care of Plaintiff's attorney, Howard D. Olinsky, at the attorney's office. Signed by Judge Susan Webber Wright on 9/7/2017.

Case 3:16-cv-00105-SWW Document 27 Filed 09/07/17 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MELISSA FOSTER, * PLAINTIFF * * V. * * CASE NO. 3:16CV00105 SWW * NANCY A. BERRYHILL, Acting * Commissioner, Social Security * Administration * DEFENDANT * * ORDER Before the Court is Plaintiff’s motion for attorney’s fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, [ECF Nos. 24, 25] and the Commissioner’s response [ECF No. 26]. On January 24, 2017, the Court entered an order and judgment, reversing and remanding the decision of the Administrative Law Judge, pursuant to the fourth sentence of § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). Now before the Court is Plaintiff’s motion seeking a total $6,316.38 in attorney’s fees and expenses totaling $74.03, and the Commissioner’s response stating no objection and agreeing that the requested amount is reasonable. IT IS THEREFORE ORDERED that Plaintiff’s motion for Attorney’s Fees [ECF No. 24] is GRANTED. 1 Case 3:16-cv-00105-SWW Document 27 Filed 09/07/17 Page 2 of 2 IT IS FURTHER ORDERED that Plaintiff is awarded $6,316.38 in attorney’s fees and $74.03 in costs under the EAJA. Consistent with the Commissioner’s usual procedure and in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA attorney’s fees should be made payable to Plaintiff, but mailed to the care of Plaintiff’s attorney, Howard D. Olinsky, at the attorney’s office. IT IS SO ORDERED THIS 7TH DAY OF SEPTEMBER, 2017./s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

AMENDED DOCUMENT by Melissa Foster. Amendment to [27] Order, Terminate Motions, Request for Amended Order

Case 3:16-cv-00105-SWW Document 28 Filed 10/18/17 Page 1 of 2 October 18, 2017 BY ECF Honorable Susan Webber Wright U.S. District Judge Richard Sheppard Arnold United States Courthouse 500 West Capitol Avenue Room A522 Courtroom A530 Little Rock, AR 72201 Re: Melissa Foster v. Berryhill 3:16-cv-00105-SWW Dear Judge Webber, We write respectfully to request the court issue an amended order on the Motion for Attorney’s fees (Docket 24). In the order issued on September 7, 2017 (Docket 27), expenses were incorrectly listed as a cost on the second page of the order. For reimbursement, the order must list the Federal Express and Certified Mailing of the Summons and Complaint to the clerk and defendant as an expense. This decision is attached as Exhibit A. Please find a proposed amended order attached for this courts convenience. Thank you for your consideration in this matter. CC: Gabriel M. Bono, Esq. Special Assistant United States Attorney Eastern District of Arkansas Michigan Bar No. P71570 Social Security Administration Office of the General Counsel 1301 Young Street, Suite A702 Dallas, TX 75202-5433 Phone: (214) 767-8393 Fax: (214) 767-4117 Email: gabriel.bono@ssa.gov Respectfully submitted,/s/Howard D. Olinsky Howard D. Olinsky, Esq. Counsel for Plaintiff Olinsky Law Group One Park Place 300 South State St., Suite 420 Syracuse, NY 13202 Telephone: 315-701-5780 Facsimile: 315-701-5781 Email: fedct@windisability.com

Proposed Amended Order re: EAJA Fees

Case 3:16-cv-00105-SWW Document 28-1 Filed 10/18/17 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MELISSA FOSTER, * PLAINTIFF * * v. * * CASE NO. 3:16-cv-00105 SWW * NANCY A. BERRYHILL, Acting * Commissioner, Social Security * Administration * DEFENDANT * * PROPOSED AMENDED ORDER Before the Court is Plaintiff’s motion for attorney’s fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, [ECF Nos. 24, 25] and the Commissioner’s response [ECF No. 26]. On January 24, 2017, the Court entered an order and judgment, reversing and remanding the decision of the Administrative Law Judge, pursuant to the fourth sentence of § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). Now before the Court is Plaintiff’s motion seeking a total $6,316.38 in attorney’s fees and expenses totaling $74.03, and the Commissioner’s response stating no objection and agreeing that the requested amount is reasonable. IT IS THEREFORE ORDERED that Plaintiff’s motion for Attorney’s Fees [ECF No. 24] is GRANTED. 1 Case 3:16-cv-00105-SWW Document 28-1 Filed 10/18/17 Page 2 of 2 IT IS FURTHER ORDERED that Plaintiff is awarded $6,316.38 in attorney’s fees and $74.03 in expenses under the EAJA. Consistent with the Commissioner’s usual procedure and in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA attorney’s fees should be made payable to Plaintiff, but mailed to the care of Plaintiff’s attorney, Howard D. Olinsky, at the attorney’s office. IT IS SO ORDERED THIS __ DAY OF _____________, 2017. ______________________ Susan Webber Wright United States District Judge 2

AMENDED ORDER AWARDING ATTORNEY'S FEES AND EXPENSES: Plaintiff's [24] motion for Attorney's Fees is granted and Plaintiff is awarded $6,316.38 in attorney's fee and $74.03 in expenses under the EAJA. Signed by Judge Susan Webber Wright on 10/30/2017.

Case 3:16-cv-00105-SWW Document 29 Filed 10/30/17 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MELISSA FOSTER, * PLAINTIFF * * v. * * CASE NO. 3:16-cv-00105 SWW * NANCY A. BERRYHILL, Acting * Commissioner, Social Security * Administration * DEFENDANT * * AMENDED ORDER AWARDING ATTORNEY’S FEES AND EXPENSES This order amends the Court’s order entered September 7, 2017, which incorrectly refers to Plaintiff’s expenses as a cost. On January 24, 2017, the Court entered an order and judgment, reversing and remanding the decision of the Administrative Law Judge, pursuant to the fourth sentence of § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). Now before the Court is Plaintiff’s motion seeking a total $6,316.38 in attorney’s fees and expenses totaling $74.03, and the Commissioner’s response stating no objection and agreeing that the requested amount is reasonable. IT IS THEREFORE ORDERED that Plaintiff’s motion for Attorney’s Fees [ECF No. 24] is GRANTED. 1 Case 3:16-cv-00105-SWW Document 29 Filed 10/30/17 Page 2 of 2 IT IS FURTHER ORDERED that Plaintiff is awarded $6,316.38 in attorney’s fees and $74.03 in expenses under the EAJA. Consistent with the Commissioner’s usual procedure and in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA attorney’s fees should be made payable to Plaintiff, but mailed to the care of Plaintiff’s attorney, Howard D. Olinsky, at the attorney’s office. IT IS SO ORDERED THIS 30TH DAY OF OCTOBER, 2017./s/Susan Webber Wright United States District Judge 2

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Description
03/29/2017
NOTICE OF DOCKET CORRECTION re 24 First MOTION for Attorney Fees. CORRECTION: The docket text was modified to indicate the proposed order was filed as an attachment to docket entry 24 in error. (Text entry; no document attached.)
1
04/15/2016
MOTION for Leave to Proceed in forma pauperis by Melissa Foster.
2
04/15/2016
COMPLAINT against Social Security Administration, filed by Melissa Foster.
1
Exhibit A
2
https://ecf.ared.uscourts.gov/doc1/02713772382" onClick="goDLS{{'/doc1/02713772382','103425','10','','2','0','',''}};">2</a> Civil Cover Sheet)
2 Attachments
3
04/15/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jerome T. Kearney on 4/15/2016.
04/15/2016
Summons Issued as to Social Security Administration, U.S. Attorney and U.S. Attorney General. Forwarded to Plaintiff's counsel for service. (Text entry; no document attached.)
4
05/11/2016
SUMMONS Returned Executed by Melissa Foster. Social Security Administration served on 5/2/2016.
5
06/30/2016
NOTICE of Appearance by Earnie A. Joe on behalf of Social Security Administration
6
07/01/2016
ANSWER to 2 Complaint by Social Security Administration.
7
07/01/2016
NOTICE by Social Security Administration of Conventional Filing of the Administrative Transcript
8
07/07/2016
(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) ADMINISTRATIVE TRANSCRIPT of proceedings re 6 Answer to Complaint and 7 Notice (Other). Document received in paper and maintained in the Clerk's office. (Documents w/restricted access added on 7/8/2016).
9
07/12/2016
SCHEDULING ORDER: Plaintiff's Brief due by 8/23/2016. Defendant's Brief due within 42 days of the date Plaintiff's Brief is served. Signed by L. Coleman at the Direction of the Court on 07/12/2016.
10
08/23/2016
Unopposed MOTION for Extension of Time to File Plaintiff's Opening Brief by two (2) days by Melissa Foster
11
08/24/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 10 Motion for Extension of Time. Plaintiff's brief is due on or before August 26, 2016. Signed by Magistrate Judge Jerome T. Kearney on 08/24/2016.
12
08/26/2016
PLAINTIFF'S BRIEF filed by Melissa Foster. Defendant Brief due by 10/11/2016
1
Certificate of Service
1 Attachment
13
08/31/2016
NOTICE of Appearance by Gabriel Michael Bono on behalf of Social Security Administration
14
09/28/2016
Unopposed MOTION to Extend Time by Social Security Administration
15
09/29/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 14 Motion to Extend Time. Defendant's responsive pleading is now due on or before October 28, 2016. Signed by Magistrate Judge Jerome T. Kearney on 09/29/16.
16
10/17/2016
MOTION to Remand to Social Security by Social Security Administration
17
10/31/2016
DOCKET ENTRY FILED IN ERROR - DISREGARD. (Docket text modified on 11/1/2016 to indicate the document was filed in error).
18
10/31/2016
Unopposed MOTION for Extension of Time to File Response to 16 Motion to Remand by Melissa Foster. (Docket text modified on 11/1/2016 to establish linkage and to remove reference to the proposed order attached in error).
11/01/2016
NOTICE OF DOCKET CORRECTION re 17 and 18 Motions. CORRECTION: The docket text for docket entry 17 was modified to indicate the document was filed in error. The correct document was filed as docket entry 18. The docket text for docket entry 18 was modified to establish linkage to docket entry 16 Motion to Remand and to remove reference to the proposed order filed as an attachment in error. (Text entry; no document attached.)
19
11/02/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 18 Motion for Extension of Time to File Response. Plaintiff's response to Defendant's Motion to Reverse and Remand is now due on or before November 7, 2016. Signed by Magistrate Judge Jerome T. Kearney on 11/02/16.
20
11/07/2016
RESPONSE to Motion re 16 MOTION to Remand to Social Security partial opposition filed by Melissa Foster.
21
12/14/2016
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that this Court grant 16 Motion to Remand for further administrative proceedings limited to the period of 10/2/2013 and beyond. Objections due 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 12/14/2016.
22
01/24/2017
ORDER adopting [21] Proposed Findings and Recommended Disposition in their entirety as this Court's findings. Accordingly, [16] Motion to Remand is granted. The Commissioner's decision is reversed and this matter is remanded for further administrative proceedings, consistent with the Proposed Findings and Recommended Disposition. This is a sentence four remand. Signed by Judge Susan Webber Wright on 1/24/2017.
23
01/24/2017
JUDGMENT pursuant to [22] Order, it is considered, ordered, and adjudged that this case is reversed and remanded for further proceedings, consistent with the Proposed Findings and Recommendations, pursuant to the fourth sentence of 42 U.S.C. � 405(g). Signed by Judge Susan Webber Wright on 1/24/2017.
24
03/28/2017
First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed by Melissa Foster
1
Proposed Order
1 Attachment
25
03/28/2017
AFFIDAVIT in Support re [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed filed by Melissa Foster.
1
Exhibit A CPI Table
2
Exhibit B All Professional Time
3
Exhibit C Attorney Time
4
Exhibit D Paralegal Time
5
Exhibit E Expense
6
Exhibit F Affirmation and Waiver of Direct Payment of EAJA Fees
7
Memorandum In Support
8
Certificate of Service
8 Attachments
26
03/30/2017
RESPONSE to Motion re [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed filed by Social Security Administration.
27
09/07/2017
ORDER granting [24] Motion for Attorney Fees. Plaintiff is awarded $6,316.38 in attorneys fees and $74.03 in costs under the EAJA. Consistent with the Commissioner's usual procedure and in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA attorney's fees should be made payable to Plaintiff, but mailed to the care of Plaintiff's attorney, Howard D. Olinsky, at the attorney's office. Signed by Judge Susan Webber Wright on 9/7/2017.
28
10/18/2017
AMENDED DOCUMENT by Melissa Foster. Amendment to [27] Order, Terminate Motions, Request for Amended Order
1
Proposed Amended Order re: EAJA Fees
1 Attachment
29
10/30/2017
AMENDED ORDER AWARDING ATTORNEY'S FEES AND EXPENSES: Plaintiff's [24] motion for Attorney's Fees is granted and Plaintiff is awarded $6,316.38 in attorney's fee and $74.03 in expenses under the EAJA. Signed by Judge Susan Webber Wright on 10/30/2017.
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