Gideon v. Berryhill
Court Docket Sheet

District of Arizona

3:2017-cv-08022 (azd)

COMPLAINT filed by Gerri Gideon (submitted by Howard Olinsky).

Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 1 of 9 1 Howard D. Olinsky 2 Olinsky Law Group One Park Place 3 300 South State Street 4 Suite 420 Syracuse, NY 13202 5 N.Y. Bar No. 2044865 6 Telephone: (315) 701-5780 Facsimile: (315) 701-5781 7 holinsky@windisability.com 8 Attorney for Plaintiff Gerri Gideon 9 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 11 PRESCOTT DIVISION 12 GERRI GIDEON,) NO. 13 Soc.Sec. #XXX-XX-2945,) 14 Plaintiff,) 15) v.) COMPLAINT 16) NANCY A. BERRYHILL, acting 17) Commissioner of Social Security,) 18 Defendant.) 19) 20 Plaintiff, Gerri Gideon, by her attorney, Howard D. Olinsky, alleges as follows: 21 22 1. The jurisdiction of this Court is invoked pursuant to 42 U.S.C. §§ 405(g) 23 and 1383(c)(3) to review a decision of the Commissioner of Social Security denying 24 Plaintiff s application for Social Security Disability Insurance benefits and Supplemental 25 26 Security Income benefits for lack of disability. 27 This action is an appeal from a final administrative decision denying 2. 28 Plaintiff s claim. Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 2 of 9 1 3. This action is commenced within the appropriate time period set forth in the 2 attached Appeals Council Notice dated December 9,2016. (Exhibit A). 3 4 4. Plaintiff, whose social security number is XXX-XX-2945, resides in 5 Bullhead City, Mohave County, Arizona, which is within this judicial district and 6 division. 7 5. The Defendant, Nancy A. Berryhill, is the acting Commissioner of Social 8 9 Security of the United States of America. 10 6. Plaintiff is disabled. 11 7. The agency committed error of law by denying Appeals Council review of 12 13 the decision by the Administrative Law Judge, or otherwise to deny relief that was within 14 the authority of the Appeals CounciL 15 8. The conclusions and findings of fact of the Defendant are not supported by 16 17 substantial evidence and are contrary to law and regulation. 18 WHEREFORE, Plaintiff prays that this Court: 19 1. Find that the Plaintiff is entitled to Social Security Disability Insurance 20 21 benefits and Supplemental Security Income benefits under the provisions of the Social 22 Security Act; or 23 2. Remand the case for a further hearing; 24 25 3. Award attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 26 2412, on the grounds that the Commissioner's action in this case was not substantially 27 justified; and 28 4. Order such other and further relief as the Court deems just and proper. Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 3 of 9 1 Dated this 9 th day of February, 2017. 2 3 4 BY: slHoward D. Olinsky Howard D. Olinsky, Esq. 5 Attorney for Plaintiff 6 (Pending Admission Pro Hac Vice) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 5 of 9.Q SOCIAL SECURITY ADMINISTRATION '\ •.A IWer to: TLC Office of Diaability Adjudication ~_2945 andReYiew 5107 Leesburg Pike Falls Church, VA 22041-3255 Telephone: (8n) 670-2722 Date: December 9, 2016 NOTICE OF APPEALS COUNCIL ACTION Ms. Gerri Gideon This is about your request for review of the Admiuislrative Law Judge's deeision dated June 26", 20 15. We Have DenIed Your Request lor Review We found no reason under OW' rules to review the Administrative Law Judge's decision. Therefore, we have denied your request for review. This means that the Administrative Law Judge's decision is the final decision ofthe CommissiollOl' of Social Security in your cuo. Rules We A,pBed We applied the laws, regulations and rulings in effect as of the date we took this action. I Under our rules. we will review your case for any ofthe foUowing reasons: I I 'I • The Administrative Law Judge appears to have abused his or her discretion. B • 'There is an error of law. i •! • • • The decision is DOt supported by substantial evidence. There is a broad policy or procedural issue that may affect the public interest. We receive new and material evidence and the decision is contrary to the weight of all the evidence now in the record.--.---What We CoDllidered I iiiiiii Swspee& Soda) SecarIty Fraud?-PleaIe visit http://oil.ua.govJr or aU. the laspedor Geuenl's FraIlCl HotIiue at 1-100-269-0271 (TTY 1-866-501-2101). See NeJi Page Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 6 of 9 Gerri Gideon_2945) Page2of4 In looking at your case, we considered the reasons you disagree with tho decision and the additroaal evideo.ce li8ted on the enclosed Order of Appeals CouDciI, speeificallythe medical records ftom Southwest Behavioral Health Services for the period Docember 23, 2014 through April 28. 2015 (IS pages). The Appeals Council DOtes that part ofthose records, specific:allytbe reoords dated December 23,2014, J8DUIIY 13t 201S, and February 10, lOIS (9 paps) are duplicate to Exhibit B23F pagas 2-5, 21-25. We conaidered whether the Adminiadrative Law Judge's action, findi~ or conouon is contn.ry to the weight oftho evidence cummtly ofrecord. We found. that this information does not provide a basis for cbalJ8ing the AdmiDistnttive Law Judge's deoision. We also looked at the medical reoords from Southwest Behavioral Health Services for tho period Angust 13, 2015 throup January 21,2016 (22 pages). The Adminisbative Law Judge decided your case through June 26, 201 S. This new information is about a later time. Therefore, it doea not affect the decision about whether you were disabled beginning on or before June 26, lOIS. [fyou want us to consider whether you were disablod after June 26, 201S, you need to apply again. The DOW information you submitted is available in your eledronic file for you to use in your new claims. If you need a paper eopyoftbis evidou(lC, you should: • ContaDt us at the address noted at the top ofibis letter; or • Contact your local field office at the acktresa noted at the bottom ofthis letter when you file a new claim. If you:tile a new claim for supplemental sewrity income within 60 days after you receive this letter, we can use August 6, 201S, the dam of your request for review, as the date of your new claims. The date you file a claim can make a difference in the amount ofbeoefits we can pay. You have the right to file a new application at any time, but filing a new application is not the same aa appealing our action. If you diaagreo with our aetion and file a now appJieatiOl1 instead of appealing, you might lose IOIDO benefits or not qualifY for any benefits. So, ifyou disagree with our acti~ you should file an appeal wi1bin 60 days. IfYOIl DJaaree WIth Our Adlon If you disagree with our actiou, you may uk. for court review of the AdnUnistrative Law Judge's decision by filing a civil action. Ifyou do not ask for court review. the Adminis1rativc Law Judge's decision will be a final decision that can be chaupd only under spociaI rules. How to FIle • ClYD AdioJa You may file a civil lOtion (uk for oourt review) by filiDg a wmplaint in the Unitod States See Next Page Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 7 of 9 Gerri Gideon ~294S) Page30f4----=!! District Court for the judicial district in which you live. The complaint should name the Commissioner of Social Security as the defendant and should include the Social Security number(s) shown at the top ofthis letter.--i ii I II You or your representative must deliver copies of your oomplaiot and of tho su.rnmons issued by the court to the U.S. AUcmey for the judicial distrigt where you file your Q)IIlJ)laint, as provided in mle 4(i) of the Federal Rules of Civil Procedure. =•-Yau or your representative must also send copies ortho complaint and summons, by certified-••!!!II iiiii or registend mail. to the SocialSeeority Administration's Office oftbe General Counsel tbat is responsible for the processing and lumdling of litigation in the partiwlar judicial district in which the complaint is filed. The names, addresses, and jurisdictional responsibilities ofthese offices arc pliblished. in the Federal Register (70 FR 73320, Decemba' 9. 200S1 and are-iiiii iii available on-line at the Social Secuiity Administration's Internet aite,..-II http://policv.ssa.govlpoms.ns£llinkslO203106020.!!!! II You or your representative must also send copies orthe complaint and summons, by certified • or registered mail, to the Attorney General of the United States, Washington, DC 20530..-••::;:: Time Te FIle a CIvIl AdIoa • You have 60 days to file a,,;vil action (ask. for court revi~). • The 60 days start the day after you receive this letter. We assume you received this letter S days after the date on it unless you show us that you did not receive it within the S-day period. I • If you cannot file for court review within 60 days, you may ask the Appeals Council to extend your time to file. You must have a good reason for waiting more than 60 days to Ii I uk for court review. You must make the request in writing and give yOW'reason(s) in the request. Ia Yon must mail your request for more time to the Appeals Council at the address shown at the top ofthis notice. Please put the Social Security number(s) also mown at the top oftbis I•! notice on your request. We will send you a letter telling you whether your request for more time has becm. granted. A.....t The Law The right to court review for claims lUlder Title IT (Social Security) ig provided for in Section 205(g) ofthe Social Security Act. This section is also Section 405(g) of Tille 42 of the United States Code. The right to court review for claims under Title XVI (Suppl~nta1 Security Income) is provided for in Sa..1ion 1631(c)(3) of the Social Security Act. This section is also Se\,.1ioo 1383(c) ofTitle 42 ofthe United States Code. See Next Page Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 8 of 9 Page4of4 The rules on filing civil acti011I are Rules 4(c) and (i) in the Federal Rules of Civil Procedure. IfYOII Have Aay QuatIoa8 Jfyou have any questions, you may call, write, or visit any Social SeaJrity office. lCyou do call or visit an office, please have this notice with you. The telephone number of tho 10cat office that serves your area is (866)596-7946. Its address is: Social Security 1'02 Bailey Avenue Needles, CA 92363-3112 Richard M. Ciaramello, Jr. Appeals Officer Enclosure: Order of Appeals Council 00: Bradford D. Myler P.O. Box 127 Lebi, ur 84043-0127 Case 3:17-cv-08022-SPL Document 1 Filed 02/09/17 Page 9 of 9!-.--~. Social Security Administration Ii ~ OFFICE OF DISABlInY ADJUDICATION AND REVIEW ~ a.... ~ 1-.!.-ORDER OF APPEALS (."OUNCIL!S.-il_:.: iii IN THE CASE OF CLAIMFOR'. II. 1_, II..• Oerri Gideon Period of Disability Disability Insurance Benefits Supplemental Security Income •== (Claimant)!-..-.. iii II • (Wage Earner)...._29_4_'______________ (Social Security Number) The Appeals Council has received additional evidence which it is making part ofthe record I ii I-That evidence consists ofthe following exhibits: I Exhibit BlOE Representative brief dated September 11,2015 from Howard D. Olinsky, Esq. I Exhibit B2SF Medical:records from Southwest Behavioral Health Services for the period December 23. 2014 I I through Apri128, 20 is Is I•! Date: December 9, 2016---i iiii-~

Civil Cover Sheet)(KGM

Case 3:17-cv-08022-SPL Document 1-1 Filed 02/09/17 Page 1 of 1 http://www.azd.uscourts.govIcgi-binl generate_ civiljs44.p UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Civil Cover Sheet This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law This form is authorized for use Q!l\y in the District of Arizona. The completed cover sheet must be printed directly to PDF and filed as an attachment to the Complaint or Notice of Removal. Plaintiff(s): Gerri Gideon Defendant(s): Nancy A. Berryhill County of Residence: Mohave County of Residence: Mohave County Where Claim For Relief Arose: Mohave Plaintiffs Atty(s): Defendant's Atty(s): Howard D. OIinsky, Esq. OIinsky Law Group 300 S. State Street, Ste. 420 Syracuse, New York 13202 3157015780 IFP REQUESTED II. Basis of Jurisdiction: 2. U.S. Government Defendant III. Citizenship of Principal Parties (Diversity Cases Only) Plaintiff:-N/A Defendant:-N/A IV. Origin: 1. Original Proceeding V. Nature of Suit: 863 DlWC/DIWW (405(g» VLCause of Action: 42 USC 405(g) and 42 USC 1383(c)(3): Denial of Social Secnrity Disability Insurance benefits and Supplemental Security Income benefits. VII. Requested in Complaint Class Action: No Dollar Demand: Jury Demand: No VIII. This case is not related to another case. Signature: s/Howard D. OIinsky Date: 02/09/2017 If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in yonI' browser and change it. Once correct, save this form as a PD.F and include it as an attachment to yonr case opening documents. Revised: 01/2014 1 of I)/91?017 2:1). PM

Additional Attachments to Main Document (letter) re: {{1}} Complaint by Plaintiff Gerri Gideon (submitted by Howard Olinsky).

Case 3:17-cv-08022-SPL Document 2 Filed 02/09/17 Page 1 of 1 300 South State Suite 420 New York 13202·2060 Ii I Tel: 315·701·5780 Fax:315·701·5781 www.windisabil I 1·888·WIN·SSDI February 9, 2017 Via CMIECF Clerk, U.S. District Court District of Arizona 401 W. Washington St., Suite 130, SPC 1 Phoenix, AZ 85003-2118 Re: Gideon v. Berryhill Complaint Filing Social Security Proceeding Dear Sir/Madam: Enclosed please find the complaint, civil cover sheet, proposed summonses, and application to proceed in forma pauperis to be filed in the above-referenced matter. If anything further is needed, kindly advise. Respectfull y, lsi Howard D. Olinsky Howard D. Olinsky, Esq. Attorney for Plaintiff HDO/mps

APPLICATION for Leave to Proceed In Forma Pauperis by Gerri Gideon (submitted by Howard Olinsky).

Case 3: 17-cv-08022-SPL Document 3 Filed 02/09/17 Page 1 of 5 Page 1 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) UNITED STATES DISTRICT COURT for the District of Arizona GERRI GIDEON Plaintiffſ/Petitioner Civil Action No. NANCY A. BERRYHILL, ACTING COMM. OF SS Defendant/Respondent APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Long Form) Affidavit in Support of the Application Instructions I am a plaintiff or petitioner in this case and declare Complete all questions in this application and then sign it. that I am unable to pay the costs of these proceedings Do not leave any blanks: if the answer to a question is " 0, " and that I am entitled to the relief requested. I declare " none, " or " not applicable (N/A), " write that response. If under penalty of perjury that the information below is you need more space to answer a question or to explain your true and understand that a false statement may result in answer, attach a separate sheet of paper identified with your a dismissal of my claims. name, your case's docket number, and the question number. Signed: Guib faollon Date: 02/02/2017 1. For both you and your spouse estimate the average amount of money received from each of the following Sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly income Income amount expected amount during the past 12 next month months You Spouse You Spouse Employment Self-employment 4 AI $ $ Income from real property (such as rental income) A A $ $ Interest and dividends 4 Gifts $ Alimony . 4 $ A. Child support $ $ Case 3: 17-cv-08022-SPL Document 3 Filed 02/09/17 Page 2 of 5 Page 2 of 5 AO 239 (Rev. 01715) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) GA Retirement (such as social security, pensions, annuities, insurance) Disability (such as social security, insurance payments) Unemployment payments GA AT SA GA $ Public-assistance (such as welfare) Food Stumps Other (specify): GA $ $ Total monthly income: $ 189/$ 0. 00 $ 199 m 0. 00 $ 0. 00 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ I hom no wontld Si' nca. 2009 A List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has $ GA If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. Case 3: 17-cv-08022-SPL Document 3 Filed 02/09/17 Page 3 of 5 Page 3 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Assets owned by you or your spouse Home (Value) Other real estate (Value) Motor vehicle # 1 (Value) 5 000 Make and year: 2009 Iamai Model: QX Registration #: Motor vehicle # 2 (value) Make and year: Model: Registration #: Other assets (Value) s 6 Other assets (value) State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse Amount owed to you Amount owed to your spouse money NA S 7. State the persons who rely on you or your spouse for support. Name (or, if under 18, initials only) Relationship Age Case 3: 17-cv-08022-SPL Document 3 Filed 02/09/17 Page 4 of 5 Page 4 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Your spouse You $ Rent or home-mortgage payment (including lot rented for mobile home) Are real estate taxes included? J Yes o No Is property insurance included?) Yes o No Utilities (electricity, heating fuel, water, sewer, and telephone) $ Home maintenance (repairs and upkeep) S Food S Clothing S A Laundry and dry-cleaning Medical and dental expenses $ A A Transportation (not including motor vehicle payments) GA Recreation, entertainment, newspapers, magazines, etc. Insurance (not deducted from wages or included in mortgage payments) Homeowner's or renter' s: A LA Life: $ Health: AT SA Motor vehicle: $ Other: A A GA Taxes (not deducted from wages or included in mortgage payments) (specify): Installment payments Motor vehicle: Credit card (name): A A A Department store (name): Other: A Alimony, maintenance, and support paid to others Case 3: 17-cv-08022-SPL Document 3 Filed 02/09/17 Page 5 of 5 Page 5 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Regular expenses for operation of business, profession, or farm (attach detailed statement) s o Other (specify): Is O Total monthly expenses: $ 184 0. 00 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? O Yes B No If yes, describe on an attached sheet. 10. Have you spent — or will you be spending – any money for expenses or attorney fees in conjunction with this lawsuit? Yes INo If yes, how much? $ 11. Provide any other information that will help explain why you cannot pay the costs of these proceedings. I cum unable to pay the 8400 Filine fee. I currently live with w Som Lwho helps Support me due to no income. 12. Identify the city and state of your legal residence. Bullhead, AZ Your daytime phone number: (928) 444-5340 Your age: 53 Your years of schooling: 12 12

SUMMONS Submitted by Gerri Gideon (submitted by Howard Olinsky).

Case 3:17-cv-08022-SPL Document 4 Filed 02/09/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona))) GERRI GIDEON) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) De/endant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) Office of the Regional Chief Counsel, Region X Social Security Administration 701 Fifth Avenue, Suite 2900 MIS 221 A Seattle, WA 98104-7075 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it)-or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)-you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Howard D. Olinsky, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date:-------------------Signature a/Clerk ar Deputy Clerk Case 3:17-cv-08022-SPL Document 4 Filed 02/09/17 Page 2 of 2 AO 440 (Rev. 06112) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. elv. P. 4 (l)) This summons for (name of individual and title, ifany) was received by me on (date) o I personally served the summons on the individual at (place) on (date); or o I left the summons at the individual's residence or usual place of abode with (name), a person of suitable age and discretion who resides there,------------------------------------on (date), and mailed a copy to the individual's last known address; or o I served the summons on (name of individual), who is designated by law to accept service of process on behalf of (name oforganization) on (date); or------------------------------------------------o I returned the summons unexecuted because; or o Other (specify): My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

Summons

Case 3:17-cv-08022-SPL Document 4-1 Filed 02/09/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona))) GERRI GIDEON) PlaintifJ(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) United States Attorney General Constitution Avenue & 10th St., NW Washington, DC 20530 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it)--or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)--you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Howard D. Olinsky, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date:--------------------Signature of Clerk or Deputy Clerk Case 3:17-cv-08022-SPL Document 4-1 Filed 02/09/17 Page 2 of 2 AO 440 (Rev. 06112) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) o I personally served the summons on the individual at (place) on (date); or o I left the summons at the individual's residence or usual place of abode with (name), a person of suitable age and discretion who resides there,------------------------------------on (date), and mailed a copy to the individual's last known address; or----------------o I served the summons on (name of individual), who is designated by law to accept service of process on behalf of (name of organization) on (date); or----------------------------------------------------------------o I returned the summons unexecuted because; or o Other (specifY): My fees are $ for travel and $ for services, for a total of $ 0,00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

Summons)(KGM

Case 3:17-cv-08022-SPL Document 4-2 Filed 02/09/17 Page 1 of 2 AO 440 (Rev. 06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona))) GERRI GIDEON) Plainti.fJ(s))) v.) Civil Action No.)) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defondant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) United States Attorney's Office District of Arizona Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, AZ 85004-4408 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it)--or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)--you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Howard D. Olinsky, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date:--------------------Signature of Clerk or Deputy Clerk Case 3:17-cv-08022-SPL Document 4-2 Filed 02/09/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (I)) This summons for (name a/individual and title, if any) was received by me on (date) o I personally served the summons on the individual at (place) on (date); or----------------------------------------------------------------o I left the summons at the individual's residence or usual place of abode with (name), a person of suitable age and discretion who resides there,----------------------------------on (date),and mailed a copy to the individual's last known address; or----------------o I served the summons on (name a/individual),who is designated by law to accept service of process on behalf of (name a/organization) on (date); or----------------------------------------------------------------o I returned the summons unexecuted because; or o Other (specifY): My fees are $ for travel and $ for services, for a total of $ 0,00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-17-08022-PCT-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.

Case 3:17-cv-08022-SPL Document 5 Filed 02/09/17 Page 1 of 1 AO 85 (Rev. 8/97) Notice, Consent, and Order of Reference-Exercise of Jurisdiction by a United States Magistrate Judge (For Use In Civil Cases With District Judge as Presider) UNITED STATES DISTRICT COURT _______________________________ District of __________________________________________________ NOTICE, CONSENT, AND ORDER OF REFERENCE-Plaintiff EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE v. Case Number: Defendant NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P.73, you are hereby notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties in this case hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Signatures Party Represented Date _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ ORDER OF ASSIGNMENT IT IS HEREBY ORDERED that this case be assigned to ______________________________________________________ United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c), Fed.R.Civ.P. 73 and the foregoing consent of the parties. All further documents filed with the court are to carry the following case number ________________________________________. ________________ _____________________________________________________________________________________ Date United States District Judge NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

MOTION for Admission Pro Hac Vice as to attorney Howard D. Olinsky by Gerri Gideon.

Case 3:17-cv-08022-SPL Document 6 Filed 02/10/17 Page 1 of 4,1 7+(81,7(' 67$7(6 ',675,&7 &2857)25 7+(',675,&7 2) $5,=21$ GERRI GIDEON 3ODLQWLII V 3HWLWLRQHU V &$6(12 3:17-cv-08022-SPL YV NANCY A. BERRYHILL, ACTING $SSOLFDWLRQ RI $WWRUQH\)RU $GPLVVLRQ 7R 3UDFWLFH 3UR +DF COMMISSIONER OF SOCIAL SECURITY 9LFH 3XUVXDQW WR/5&LY " #! stances on a separate page. ✔ *! 0!! # # 1 2 $!% ✔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³/RFDO 5XOHV´ DQG ZLOO VXEVFULEH WR UHFHLYH FRXUW QRWLFHV DV UHTXLUHG E\/5&LY ent 6 Filed 02/10/17 Page 2 of 4 Attachment to Application of Attorney For Admission To Practice Pro Hac Vice Pursuant to LRCiv 83.1(b)(2) I, Howard D. Olinsky, am admitted to practice before the following courts: Court Date of Admission In Good Standing? New York State 02/07/1986 YES State of Georgia 01/23/2014 YES United States Supreme Court 04/01/1991 YES Court of Appeals for 2nd Circuit 11/01/2002 YES Court of Appeals for 6th Circuit 10/15/2013 YES Court of Appeals for 11th Circuit 4/4/2016 YES Court of Appeals for Federal Circuit 06/12/2007 YES U.S. Court of Veteran’s Appeals, Washington D.C. 06/12/2007 YES U.S.D.C., NDNY 04/22/1986 YES U.S.D.C., WDNY 01/29/2001 YES U.S.D.C., EDNY 03/21/2003 YES U.S.D.C., SDNY 03/25/2003 YES U.S.D.C., DCT 12/10/2010 YES U.S.D.C., NDFL 10/31/2011 YES U.S.D.C., EDMI 02/25/2013 YES U.S.D.C., WDMI 12/26/2013 YES U.S.D.C., EDTX 12/20/2013 YES U.S.D.C., EDAR 01/03/2014 YES U.S.D.C., WDAR 01/03/2014 YES U.S.D.C., MDGA 01/28/2014 YES U.S.D.C., NDIL 01/30/2014 YES U.S.D.C., NDGA 02/10/2014 YES U.S.D.C., EDWI 04/14/2014 YES U.S.D.C., NDTX 05/15/2014 YES U.S.D.C., DCO 06/18/2014 YES U.S.D.C., SDGA 06/02/2014 YES U.S.D.C., WDWI 07/03/2014 YES U.S.D.C., WDTX 09/15/2014 YES U.S.D.C., NDIN 08/04/2015 YES U.S.D.C., CDIL 09/24/2015 YES U.S.D.C., SDIL 09/25/2015 YES Case 3:17-cv-08022-SPL Document 6 Filed 02/10/17 Page 3 of 4 Attachment to Application of Attorney For Admission To Practice Pro Hac Vice Pursuant to LRCiv 83.1(b)(2) Previous pro hac vice applications within previous twelve months: 2:15-cv-01928 Fernandez v. Colvin Granted 10/2/2015 2:15-cv-02199 Greenfield v. Colvin Granted 11/24/2015 2:15-cv-02439 Secor v. Colvin Granted 12/08/2015 2:15-cv-02528 Jones v. Colvin Granted 12/21/2015 3:16-cv-08017 Kinnex v. Colvin Granted 2/9/2016 3:16-cv-08023 Simpson v. Colvin Granted 2/12/2016 2:16-cv-00372 Thompson v. Colvin Granted 2/16/2016 2:16-cv-01072 Antunez v. Colvin Granted 4/22/2016 2:16-cv-01392 Dallas v. Colvin Granted 5/17/2016 2:16-cv-01460 Vosskuhler v. Colvin Granted 5/17/2016 4:16-cv-00464 Servia v. Colvin Granted 7/15/2016 2:16-cv-02430 Carlson v. Colvin Granted 8/02/2016 2:16-cv-02699 Shepherd v. Colvin Granted 8/16/2016 2:16-cv-02840 Eveland v. Colvin Granted 8/25/2016 2:16-cv-03391 Sesco v. Colvin Granted 10/12/2016 2:16-cv-04047 Shaffer v. Colvin Granted 12/01/2016 Case 3:17-cv-08022-SPL Document 6 Filed 02/10/17 Page 4 of 4 AO 136 (Rev. 10/13) Certificate of Good Standing UNITED STATES DISTRICT COURT for the Northern District of New York CERTIFICATE OF GOOD STANDING I, Lawrence K. Baerman, Clerk of this Court, certify that HOWARD D. OLINSKY, Bar # 102297, was duly admitted to practice in this Court on April 22, 1986, and is in good standing as a member of the Bar of this Court. Dated at Syracuse, New York on January 30, 2017 (Location) (Date) Lawrence K. Baerman CLERK DEPUTY CLERK

Letter to Clerk

Case 3:17-cv-08022-SPL Document 6-1 Filed 02/10/17 Page 1 of 1 February 10, 2017 Via CM/ECF Clerk, U.S. District Court Attn: Attorney Admissions Clerk 401 W. Washington St., Suite 130 Phoenix, AZ 85003 Re: 3:17-cv-08022-SPL Gideon v. Berryhill Application for Admission Pro Hac Vice Dear Sir/Madam: Enclosed please find my application for admission pro hac vice and certificate of good standing. A check for the filing fee has been mailed to your office. If anything further is needed, kindly advise. Respectfully,/s/Howard D. Olinsky _____________________ Howard D. Olinsky, Esq. Attorney for Plaintiff HDO/mps

ORDER granting {{3}} Motion for Leave to Proceed In Forma Pauperis. Plaintiff may proceed in forma pauperis without prepayment of costs or fees or the necessity of giving security. IT IS FURTHER ORDERED that Plaintiff shall be responsible for service by waiver or of the summons and complaint. Signed by Judge Steven P Logan on 2/10/17.

Case 3:17-cv-08022-SPL Document 7 Filed 02/10/17 Page 1 of 1 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8) No. CV-17-08022-PCT-SPL Gerri Gideon, 9)) Plaintiff,) ORDER 10) vs. 11)) Commissioner of Social Security) 12 Administration,) 13)) Defendant.) 14 15 Before the Court is Plaintiff’s Application to Proceed in District Court Without 16 Prepaying Fees or Costs (Doc. 3). Having considered the financial information contained 17 in the application and finding Plaintiff is unable to pay the costs of these proceedings, 18 IT IS ORDERED that the Application (Doc. 3) is granted. Plaintiff may proceed 19 in forma pauperis without prepayment of costs or fees or the necessity of giving security. 20 IT IS FURTHER ORDERED that Plaintiff shall be responsible for service by 21 waiver or of the summons and complaint. 22 Dated this 10th day of February, 2017. 23 24 Honorable Steven P. Logan 25 United States District Judge 26 27 28

Summons Issued as to Nancy A Berryhill, U.S. Attorney and U.S. Attorney General.

Case 3:17-cv-08022-SPL Document 8 Filed 02/13/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona))) GERRI GIDEON) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) De/endant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) Office of the Regional Chief Counsel, Region X Social Security Administration 701 Fifth Avenue, Suite 2900 MIS 221 A Seattle, WA 98104-7075 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it)-or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)-you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Howard D. Olinsky, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date:-------------------Signature a/Clerk ar Deputy Clerk ISSUED ON 8:23 am, Feb 13, 2017 s/Brian D. Karth, Clerk Case 3:17-cv-08022-SPL Document 8 Filed 02/13/17 Page 2 of 2 AO 440 (Rev. 06112) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. elv. P. 4 (l)) This summons for (name of individual and title, ifany) was received by me on (date) o I personally served the summons on the individual at (place) on (date); or o I left the summons at the individual's residence or usual place of abode with (name), a person of suitable age and discretion who resides there,------------------------------------on (date), and mailed a copy to the individual's last known address; or o I served the summons on (name of individual), who is designated by law to accept service of process on behalf of (name oforganization) on (date); or------------------------------------------------o I returned the summons unexecuted because; or o Other (specify): My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

Summons

Case 3:17-cv-08022-SPL Document 8-1 Filed 02/13/17 Page 1 of 2 AO 440 (Rev. 06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona))) GERRI GIDEON) Plainti.fJ(s))) v.) Civil Action No.)) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defondant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) United States Attorney's Office District of Arizona Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, AZ 85004-4408 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it)--or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)--you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Howard D. Olinsky, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date:--------------------Signature of Clerk or Deputy Clerk ISSUED ON 8:24 am, Feb 13, 2017 s/Brian D. Karth, Clerk Case 3:17-cv-08022-SPL Document 8-1 Filed 02/13/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (I)) This summons for (name a/individual and title, if any) was received by me on (date) o I personally served the summons on the individual at (place) on (date); or----------------------------------------------------------------o I left the summons at the individual's residence or usual place of abode with (name), a person of suitable age and discretion who resides there,----------------------------------on (date),and mailed a copy to the individual's last known address; or----------------o I served the summons on (name a/individual),who is designated by law to accept service of process on behalf of (name a/organization) on (date); or----------------------------------------------------------------o I returned the summons unexecuted because; or o Other (specifY): My fees are $ for travel and $ for services, for a total of $ 0,00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

Summons)(BAS

Case 3:17-cv-08022-SPL Document 8-2 Filed 02/13/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona))) GERRI GIDEON) PlaintifJ(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) United States Attorney General Constitution Avenue & 10th St., NW Washington, DC 20530 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it)--or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)--you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Howard D. Olinsky, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date:--------------------Signature of Clerk or Deputy Clerk ISSUED ON 8:24 am, Feb 13, 2017 s/Brian D. Karth, Clerk Case 3:17-cv-08022-SPL Document 8-2 Filed 02/13/17 Page 2 of 2 AO 440 (Rev. 06112) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) o I personally served the summons on the individual at (place) on (date); or o I left the summons at the individual's residence or usual place of abode with (name), a person of suitable age and discretion who resides there,------------------------------------on (date), and mailed a copy to the individual's last known address; or----------------o I served the summons on (name of individual), who is designated by law to accept service of process on behalf of (name of organization) on (date); or----------------------------------------------------------------o I returned the summons unexecuted because; or o Other (specifY): My fees are $ for travel and $ for services, for a total of $ 0,00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

SCHEDULING ORDER (See Order for details). Signed by Judge Steven P Logan on 2/13/17.

Case 3:17-cv-08022-SPL Document 9 Filed 02/13/17 Page 1 of 3 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8) Gerri Gideon, No. CV-17-08022-PCT-SPL 9)) Plaintiff,) SCHEDULING ORDER 10) vs. 11)) Commissioner of Social Security) 12) Administration, 13)) Defendant.) 14) 15 16 Plaintiff seeks judicial review and reversal of the final decision of the 17 Commissioner of the Social Security Administration. Pursuant to Rule 16.2 of the Local 18 Rules of Civil Procedure ("LRCiv"), Rules of Practice of the U.S. District Court for the 19 District of Arizona,1 the Court enters this Scheduling Order. Accordingly, 20 IT IS ORDERED: 21 1. That the parties must fully comply with LRCiv 16.1 in its entirety as 22 follows: 23 (a) Opening Brief. Within sixty (60) days after the answer is filed, Plaintiff must file an opening brief addressing why 24 the Commissioner’s decision is not supported by substantial evidence or why the decision should otherwise be reversed or 25 the case remanded. Plaintiff’s opening brief must set forth all errors which Plaintiff contends entitle him or her to relief. 26 27 1 The Clerk of Court assigned this case to the expedited track pursuant to LRCiv 16.2(b)(1)(A)(i), and the deadlines in this action are therefore set without holding a 28 scheduling conference. The local rules may be found at: http://www.azd.uscourts.gov/local-rules. Case 3:17-cv-08022-SPL Document 9 Filed 02/13/17 Page 2 of 3 1 The brief must also contain, under appropriate headings and in the order indicated below, the following: 2 (1) A statement of the issues presented for review, set forth 3 in separate numbered paragraphs. 4 (2) A statement of the case. This statement should indicate briefly the course of the proceedings and its disposition at the 5 administrative level. 6 (3) A statement of facts. This statement of the facts must include Plaintiff’s age, education, and work experience; a 7 summary of the physical and mental impairments alleged; a brief outline of the medical evidence; and a brief summary of 8 other relevant evidence of record. Each statement of fact must be supported by reference to the page in the record 9 where the evidence may be found. 10 (4) An argument. The argument, which may be preceded by a summary, must be divided into sections separately treating 11 each issue. Each contention must be supported by specific reference to the portion of the record [by reference to 12 specific page numbers] relied upon and by citations to statutes, regulations, and cases supporting Plaintiff’s 13 position. If any requested remand is for the purpose of taking additional evidence, such evidence must be described in the 14 opening brief, and Plaintiff’s argument must show that the additional evidence is material and that there is good cause 15 for the failure to incorporate such evidence into the record in a prior proceeding. If such additional evidence is in the form 16 of a consultation examination sought at Government expense, Plaintiff’s opening brief must make a proffer of the nature of 17 the evidence to be obtained. 18 (5) A short conclusion stating the relief sought. 19 (b) Answering Brief. Defendant must file an answering brief within thirty (30) days after service of Plaintiff’s opening 20 brief. Defendant’s brief must (1) respond specifically to each issue raised by Plaintiff and (2) conform to the 21 requirements set forth above for Plaintiff’s brief, except that a statement of the issues, a statement of the case and a 22 statement of the facts need not be made unless Defendant is dissatisfied with Plaintiff’s statement thereof. 23 (c) Reply Brief. Plaintiff may file a reply brief within fifteen 24 (15) days after service of Defendant’s answering brief. 25 (d) Length of Briefs. Unless otherwise ordered by the Court, the opening and answering briefs may not exceed twenty-five 26 (25) pages, including any statement of facts, with the reply brief limited to eleven (11) pages. The case will be deemed 27 submitted as of the date on which Plaintiff’s reply brief is filed or due. 28 2 Case 3:17-cv-08022-SPL Document 9 Filed 02/13/17 Page 3 of 3 1 (e) Oral Argument. If either party desires oral argument, it must be requested in the manner prescribed by Rule 7.2(f) of 2 the Local Rules of Civil Procedure upon the filing of the opening brief. Whether to allow oral argument is at the 3 discretion of the Court. 4 5 LRCiv 16.1(a)-(e) (emphasis added). 6 2. That, in presenting any issue for review, a general allegation that the 7 Commissioner committed legal error, or that the Commissioner’s determination is not 8 supported by substantial evidence, is insufficient to raise that issue;2 9 3. That, if either party fails to timely file a brief in full compliance with this 10 Order, the Court may strike the non-complying brief, dismiss the case, or remand to the 11 agency, as appropriate;3 and 12 4. That Plaintiff shall serve Defendant with a copy of this Order within fifteen 13 (15) days of any appearance. 14 Dated this 13th day of February, 2017. 15 16 Honorable Steven P. Logan United States District Judge 17 18 19 20 21 22 23 2 24 See Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989) (explaining that the Commissioner’s decision to deny benefits would be overturned "only if it is not 25 supported by substantial evidence or is based on legal error"); Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (explaining that the court "review[s] only issues which are 26 argued specifically and distinctly in a party’s opening brief[,]… will not manufacture arguments for [a party], and a bare assertion does not preserve a claim") (internal citation 27 omitted); LRCiv 16.1. 3 28 See generally Fed. R. Civ. P. 41(b). 3

*SERVICE EXECUTED filed by Gerri Gideon: Return of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office on 3/2/17, Office of General Counsel on 3/2/17 and Attorney General on 3/3/2017. *Modified to correct service dates on 3/9/2017

Case 3:17-cv-08022-SPL Document 11 Filed 03/08/17 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA GERRI GIDEON,) Plaintiff,) AFFIDAVIT OF) MAILING V®) Civil Action No.: NANCY A. BERRYHILL, ACTING) 3:17-cv-08022-SPL COMMISSIONER OF SOCIAL SECURITY,) Defendant.)) STATE OF NEW YORK))ss. COUNTY OF ONONDAGA) Michelle E. Callahan, being duly sworn, deposes and says: That deponent is not a party to the action, is over 18 years of age and a Paralegal in the office of Olinsky Law Group, at: One Park Place, 300 S. State Street, Ste. 420, Syracuse, New York 13202 That on February 28, 2017, deponent served the SUMMONS AND COMPLAINT AND SCHEDULING ORDER Upon, United States Attorney's Office, District of Arizona, 2 Renaissance Sq., 40 N. Central Ave. Suite 1200, Phoenix, AZ 85004, address designated by said individual(s)/attomey(s) for that purpose by depositing same in a First Class, certified, return receipt, properly address envelope under the exclusive care and custody of the United States Postal Services within New York State.. Callahan Sworn to before me on February 28, 2017. 'MMISSIONER OF DEED^ TAMICA LOCKWOOD Commissioner of Deeds Onondaga County, New York My Commission Expires: Dec. 31, ^Tp fljr Case 3:17-cv-08022-SPL Document 11 Filed 03/08/17 Page 2 of 6 Date Produced: 03/06/2017 WALZ GROUP: The following is the delivery information for Certified Mail™/RRE item number 9314 8699 0430 0031 4993 03. Our records indicate that this item was delivered on 03/02/2017 at 04:38 p.m. in PHOENIX, AZ 85004. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service Information in this section provided by Walz Group, LLC. Recipient Information: Civil Process Clerk United States Attorney's Office District of Arizona 2 Renaissance Sq., 40 N. Central Ave. Suite 1200 Phoenix,AZ 85004 Reference Number: Gideon, G USAO Case 3:17-cv-08022-SPL Document 11 Filed 03/08/17 Page 3 of 6 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA GERRI GIDEON,) Plaintiff,) AFFIDAVIT OF) MAILING V®)) Civil Action No.: NANCY A. BERRYHILL, ACTING) 3:17-cv-08022-SPL COMMISSIONER OF SOCIAL SECURITY,) Defendant.)) STATE OF NEW YORK))ss. COUNTY OF ONONDAGA) Michelle E. Callahan, being duly sworn, deposes and says: That deponent is not a party to the action, is over 18 years of age and a Paralegal in the office of Olinsky Law Group, at: One Park Place, 300 S. State Street, Ste. 420, Syracuse, New York 13202 That on February 28, 2017, deponent served the SUMMONS AND COMPLAINT AND SCHEDULING ORDER Upon, Office of the Regional Chief Counsel, Region X, Social Security Administration, 701 Fifth Avenue, Suite 2900 M/S 221A, Seattle, WA, 98104-7075, address designated by said individual(s)/attorney(s) for that purpose by depositing same in a First Class, postage paid, certified, return receipt, properly address envelope under the exclusive care and custody of the United States Postal Services within New York State. Ml Micl le E. Callahan Sworn to before me on February 28, 2017.,v \ i KJ COMMISSIONER OF DEEDS TAMICA LOCKWOOD Commissioner of Deeds Onondaga County, New York My Commission Expires: Dec. 3l,2.Ql& Case 3:17-cv-08022-SPL Document 11 Filed 03/08/17 Page 4 of 6 Date Produced: 03/06/2017 WALZ GROUP: The following is the delivery information for Certified Mail™/RRE item number 9314 8699 0430 0031 4993 34. Our records indicate that this item was delivered on 03/02/2017 at 12:22 p.m. in SEATTLE, WA 98104. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service Information in this section provided by Walz Group, LLC. Recipient Information: Office of Regional Chief Counsel Region X, SSA 701 Fifth Avenue, Suite 2900 M/S 221A Seattle,WA 98104 Reference Number: Gideon, G OGC Case 3:17-cv-08022-SPL Document 11 Filed 03/08/17 Page 5 of 6 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA) GERRI GIDEON,) Plaintiff,) AFFIDAVIT OF) MAILING v®)) Civil Action No.: NANCY A. BERRYHILL, ACTING) 3:17-cv-08022-SPL COMMISSIONER OF SOCIAL SECURITY,) Defendant.) STATE OF NEW YORK))ss. COUNTY OF ONONDAGA) Michelle E. Callahan, being duly sworn, deposes and says: That deponent is not a party to the action, is over 18 years of age and a Paralegal in the office of Olinsky Law Group, at: One Park Place, 300 S. State Street, Ste. 420, Syracuse, New York 13202 That on February 28, 2017, deponent served the SUMMONS AND COMPLAINT AND SCHEDULING ORDER Upon, U.S. Attorney General, Constitution Avenue and 10th St., N.W., Washington, D.C. 20530, address designated by said individual(s)/attorney(s) for that purpose by depositing same in a First Class, certified, return receipt, postage paid, properly address envelope under the exclusive care and custody of the United States Postal Services within New York State. ichelle E, Sworn to before me on February 28, 2017. 'C OMMISSIONER OF DEED, TAMICA LOCKWOOD Commissioner of Deeds Onondaga County, New York My Commission Expires: Dec. 31, ^,,y Case 3:17-cv-08022-SPL Document 11 Filed 03/08/17 Page 6 of 6 Date Produced: 03/06/2017 WALZ GROUP: The following is the delivery information for Certified Mail™/RRE item number 9314 8699 0430 0031 4993 41. Our records indicate that this item was delivered on 03/03/2017 at 05:20 a.m. in WASHINGTON, DC 20530. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service Information in this section provided by Walz Group, LLC. Recipient Information: U.S. Attorney General Constitution Avenue & 10th St., N.W. Washington,DC 20530 Reference Number: Gideon, G AG

*NOTICE of Attorney Appearance/Substitution - USA by Leisa Wolf on behalf of Nancy A Berryhill. *Modified to correct event type on 4/18/2017

Case 3:17-cv-08022-SPL Document 12 Filed 04/18/17 Page 1 of 3 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Leisa A. Wolf 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA23206 8 Fax: (206) 615-2531 leisa.wolf@ssa.gov 9 Telephone: (206) 615-3621 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gerri Gideon, No. CV-17-8022-PCT-SPL 14 15 Plaintiff, 16 DEFENDANT’S NOTICE OF vs. APPEARANCE 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 PLEASE TAKE NOTICE that Defendant Commissioner of Social Security 22 23 hereby notifies Plaintiff and this Court that the following Special Assistant U.S. 24 Attorney will appear as counsel of record in the above-captioned case: 25 26 27 28 Case 3:17-cv-08022-SPL Document 12 Filed 04/18/17 Page 2 of 3 1 Leisa A. Wolf Special Assistant United States Attorney 2 Office of the General Counsel 3 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 4 Seattle, WA 98104-7075 5 State Bar No. WA23206 Fax: (206) 615-2531 6 leisa.wolf@ssa.gov Telephone: (206) 615-3621 7 8 DATED this 18th day of April 2017. 9 Respectfully submitted, 10 11 ELIZABETH A. STRANGE Acting United States Attorney 12 District of Arizona 13 s/Leisa A. Wolf 14 LEISA A. WOLF 15 Special Assistant United States Attorney 16 Of Counsel for the Defendant: 17 MATHEW W. PILE 18 Acting Regional Chief Counsel, Social Security Administration Office of the General Counsel, Region X 19 701 Fifth Avenue, Suite 2900 M/S 221A 20 Seattle, WA 98104-7075 21 22 23 24 25 26 27 28 2 Case 3:17-cv-08022-SPL Document 12 Filed 04/18/17 Page 3 of 3 1 2 3 4 CERTIFICATE OF SERVICE 5 I hereby certify that the foregoing Notice of Appearance was filed with the Clerk 6 of the Court on April 18, 2017, using the CM/ECF system which will send notification of 7 8 such filing to the following: Howard D Olinsky. 9 10 s/Paul Maestry-Williams PAUL MAESTRY-WILLIAMS 11 Paralegal Specialist 12 Office of the General Counsel 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

ANSWER to {{1}} Complaint by Nancy A Berryhill.

Case 3:17-cv-08022-SPL Document 13 Filed 05/02/17 Page 1 of 4 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Leisa A. Wolf 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA23206 8 Fax: (206) 615-2531 leisa.wolf@ssa.gov 9 Telephone: (206) 615-3621 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gerri Gideon, 14 No. CV-17-08022-PCT-SPL 15 Plaintiff, 16 ANSWER vs. 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 Defendant, in answer to Plaintiff’s Complaint, admits, denies, and alleges as 22 follows: 23 1. Defendant admits the allegations in paragraphs 1 and 2. 24 25 2. With respect to paragraph 3, Defendant admits that the Appeals Council 26 issued a notice on December 9, 2016, denying Plaintiff’s request for 27 review. Defendant neither admits nor denies that the copy of the Appeals 28 Case 3:17-cv-08022-SPL Document 13 Filed 05/02/17 Page 2 of 4 1 Council’s notice, which Plaintiff attached to the Complaint as Exhibit A, is 2 a correct or complete copy of that document. 3 3. With respect to paragraph 4, Defendant denies knowledge or information 4 5 sufficient to form a belief as to the truth of Plaintiff’s residence, and neither 6 admits nor denies the accuracy of the last four digits of Plaintiff’s social 7 security number. 8 4. Defendant admits the allegations in paragraph 5. 9 10 5. Paragraphs 6, 7, and 8 call for legal conclusions to which no response is 11 required. To the extent the Court requires a response, Defendant denies the 12 allegations. 13 14 6. The remainder of the Complaint is a prayer for relief to which no response 15 is necessary. To the extent that a response is required, Defendant denies the 16 allegations and states that Plaintiff is not entitled to judgment or to the 17 18 relief sought. 19 7. With respect to Plaintiff’s request for attorney fees under the Equal Access 20 to Justice Act, should Plaintiff prevail and file an application for fees 21 against the United States in accordance with the requirements of 28 U.S.C. 22 23 § 2412, enacted as part of the Equal Access to Justice Act, the 24 Commissioner reserves the right to oppose any award under this statute. 25 8. Defendant denies all allegations of the Complaint not specifically admitted 26 27 or clarified. 28 2 Case 3:17-cv-08022-SPL Document 13 Filed 05/02/17 Page 3 of 4 1 9. In accordance with 42 U.S.C. § 405(g), Defendant files as part of the 2 answer a certified copy of the transcript of the record including the 3 evidence upon which Defendant based the challenged decision. 4 5 WHEREFORE, Defendant prays for judgment dismissing the Complaint, with 6 costs, and for judgment in accordance with 42 U.S.C. § 405(g), affirming Defendant’s 7 decision. 8 DATED this 2nd day of May 2017. 9 10 Respectfully submitted, 11 ELIZABETH A. STRANGE 12 Acting United States Attorney District of Arizona 13 14 s/Leisa A. Wolf LEISA A. WOLF 15 Special Assistant United States Attorney 16 17 Of Counsel for the Defendant: 18 MATHEW W. PILE 19 Acting Regional Chief Counsel, Social Security Administration Office of the General Counsel, Region X 20 701 Fifth Avenue, Suite 2900 M/S 221A 21 Seattle, WA 98104-7075 22 23 24 25 26 27 28 3 Case 3:17-cv-08022-SPL Document 13 Filed 05/02/17 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Answer was filed with the Clerk of the 3 Court on May 2, 2017, using the CM/ECF system, which will send notification of 4 5 such filing to the following: Howard D. Olinsky. 6 7 s/Barbara Eadie BARBARA EADIE 8 Paralegal Specialist 9 Office of the General Counsel 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

NOTICE of Filing Certified Copy of Administrative Transcript re: {{13}} Answer to Complaint filed by Nancy A Berryhill.

Case 3:17-cv-08022-SPL Document 14 Filed 05/02/17 Page 1 of 2 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Leisa A. Wolf 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA23206 8 Fax: (206) 615-2531 leisa.wolf@ssa.gov 9 Telephone: (206) 615-3621 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gerri Gideon, 14 No. CV-17-08022-PCT-SPL 15 Plaintiff, 16 NOTICE OF FILING CERTIFIED vs. ADMINISTRATIVE/TRANSCRIPT 17 OF RECORD Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 PLEASE TAKE NOTICE the Acting Commissioner of the Social Security 22 Administration, by and through Leisa A. Wolf, Special Assistant United States 23 Attorney for the District of Arizona, files herein in accordance with section 205(g) of the 24 25 Social Security Act, 42 U.S.C. § 405(g), as part of the answer a certified electronic copy 26 of the transcript of the record including the evidence upon which the findings and 27 decision complained of are based. In addition, a paper copy was delivered to the court. 28 Case 3:17-cv-08022-SPL Document 14 Filed 05/02/17 Page 2 of 2 1 DATED this 2nd day of May 2017. 2 3 Respectfully submitted, 4 ELIZABETH A. STRANGE 5 Acting United States Attorney District of Arizona 6 s/Leisa A. Wolf 7 LEISA A. WOLF 8 Special Assistant United States Attorney 9 Of Counsel for the Defendant: 10 MATHEW W. PILE 11 Acting Regional Chief Counsel, Social Security Administration 12 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 13 Seattle, WA 98104-7075 14 15 16 17 18 CERTIFICATE OF SERVICE 19 I hereby certify that the foregoing Notice of Filing Certified 20 21 Administrative/Transcript of Record was filed with the Clerk of the Court on May 22 2, 2017, using the CM/ECF system, which will send notification of such filing to 23 the following: Howard D. Olinsky. 24 25 26 s/Barbara Eadie BARBARA EADIE 27 Paralegal Specialist 28 Office of the General Counsel 2

Court Transcript Index

Case 3:17-cv-08022-SPL Document 14-2 Filed 05/02/17 Page 1 of 7 Court Transcript Index Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 12/09/2016 1-7 7 Appointment of Representative (1696), dated 09/15/2015 8-10 3 AC Correspondence (ACCORR), dated 08/17/2015 11-17 7 Request for Review of Hearing Decision/Order (HA 520), dated 18-22 5 08/06/2015 ALJ Hearing Decision (ALJDEC), dated 06/26/2015 23-42 20 Transcript of Oral Hearing (TRANHR), dated 03/09/2015 43-91 49 Exhibits Exhibit No. of No. Description Page No. Pages 1A Disability Determination Transmittal, dated 03/24/2009 92 1 2A Disability Determination Transmittal, dated 03/24/2009 93 1 3A Disability Determination Transmittal, dated 10/09/2009 94 1 4A Disability Determination Transmittal, dated 10/09/2009 95 1 B1A ALJ Hearing Decision-Unfavorable-ALJ Hart, dated 96-115 20 11/23/2010 B2A AC Denial, dated 07/12/2012 116-121 6 B3A Initial Disability Determination by State Agency, Title II, dated 122 1 04/29/2013 B4A Initial Disability Determination by State Agency, Title XVI, 123 1 dated 04/29/2013 B5A T16P-RFC signed by DDS DR, PRTF included, dated 124-139 16 04/29/2013 B6A T2:P-RFC signed by DDS DR, PRTF included, dated 140-155 16 04/29/2013 B7A Reconsideration Disability Determination by State Agency, 156 1 Title II, dated 12/10/2013 B8A Reconsideration Disability Determination by State Agency, 157 1 Title XVI, dated 12/10/2013 B9A T16 P&M-RFC signed by DDS DR, PRTF, dated 12/10/2013 158-180 23 B10A T2 P&M-RFC signed by DDS DR, PRTF, dated 12/10/2013 181-203 23 1B Personal Decision Notice, dated 03/24/2009 204-207 4 2B Personal Decision Notice, dated 03/24/2009 208-211 4 3B Authorized Representative Cover Letter 212-213 2 4B Representative Fee Agreement 214-216 3 5B Request for Reconsideration, dated 05/18/2009 217-218 2 6B Appointment of Representative, dated 05/20/2009 219-220 2 7B Personal Decision Notice, dated 10/09/2009 221-223 3 8B Personal Decision Notice, dated 10/09/2009 224-227 4 DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08022-SPL Document 14-2 Filed 05/02/17 Page 2 of 7 Court Transcript Index Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages 9B Request for Hearing by ALJ, dated 10/28/2009 228-229 2 10B Request for Hearing Acknowledgement Letter 230-236 7 11B Request for Hearing Acknowledgement Letter 237-243 7 12B Hearing Notice 244-261 18 13B Request for Review of Hearing Decision/Order 262 1 B1B Representative Fee Agreement, dated 11/13/2012 263 1 B2B Appointment of Representative, dated 01/03/2013 264 1 B3B T2 Notice of Disapproved Claim, dated 04/30/2013 265-269 5 B4B T16 Notice of Disapproved Claim, dated 04/30/2013 270-273 4 B5B Request for Reconsideration, dated 06/06/2013 274 1 B6B T2 Disability Reconsideration Notice, dated 12/05/2013 275-278 4 B7B T16 Disability Reconsideration Notice, dated 12/05/2013 279-282 4 B8B T2 Disability Reconsideration Notice, dated 12/10/2013 283-287 5 B9B T16 Disability Reconsideration Notice, dated 12/10/2013 288-292 5 B10B Request for Hearing by ALJ, dated 01/03/2014 293-294 2 B11B Request for Hearing Acknowledgement Letter, dated 295-301 7 01/21/2014 B12B Hearing Notice 302-323 22 B13B Resume of Vocational Expert 324-325 2 B14B Acknowledge Notice of Hearing 326-327 2 B15B Outgoing ODAR Correspondence 328-331 4 B16B Representative Fee Agreement, dated 01/27/2015 332 1 B17B Appointment of Representative, dated 01/27/2015 333 1 B18B Notice Of Hearing Reminder, dated 02/23/2015 334-339 6 B19B Appointment of Representative, dated 01/25/2015 340 1 B20B Representative Fee Agreement, dated 01/27/2015 341 1 1D DIBWIZ DISCO New Hire, dated 05/12/2010 342-351 10 2D Application for Supplemental Security Income Benefits, dated 352-359 8 12/11/2008 3D Application for Disability Insurance Benefits, dated 360-369 10 12/11/2008 B1D Application for Disability Insurance Benefits, dated 370-377 8 01/10/2013 B2D Internet: Third-Party Filers Wet Signature Page, dated 378 1 01/17/2013 B3D Application for Supplemental Security Income Benefits, dated 379-384 6 01/17/2013 B4D Internet: Third-Party Filers Wet Signature Page, dated 385 1 01/22/2013 DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08022-SPL Document 14-2 Filed 05/02/17 Page 3 of 7 Court Transcript Index Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages B5D Certified Earnings Records, dated 09/20/2014 386-387 2 B6D Summary Earnings Query, dated 09/20/2014 388 1 B7D Detailed Earnings Query, dated 09/20/2014 389-391 3 B8D New Hire, Quarter Wage, Unemployment Query (NDNH), 392-393 2 dated 09/20/2014 B9D Certified Earnings Records, dated 03/04/2015 394-395 2 B10D New Hire, Quarter Wage, Unemployment Query (NDNH), 396 1 dated 03/04/2015 1E Disability Report-Field Office, dated 12/11/2008, from SSA 397-400 4 2E Disability Report-Adult, undated, from SSA 401-411 11 3E Function Report-Adult, dated 01/09/2009, from WICK, 412-419 8 GERRI BEATRICE 4E Function Report-Adult, dated 01/09/2009, from WICK, 420-443 24 GERRI BEATRICE 5E Function Report-Adult, dated 01/16/2009, from WICK, 444-446 3 GERRI BEATRICE 6E Work History Report, undated, from WICK, GERRI 447-454 8 BEATRICE 7E Disability Report-Appeals, dated 05/20/2009, from SSA 455-462 8 8E Disability Report-Field Office, dated 05/20/2009, from SSA 463-465 3 9E Disability Report-Field Office, undated, from SSA 466-468 3 10E Disability Report-Appeals, undated, from SSA 469-477 9 11E Medications, dated 08/18/2010 478 1 12E Claimant Correspondence, dated 12/08/2010 479-494 16 B1E Medications, dated 08/01/2002 to 02/10/2012, from GIDEON, 495-520 26 GERRI B2E Disability Report-Field Office, dated 01/10/2013, from FO 521-523 3 B3E Disability Report-Adult, dated 01/14/2013, from FO 524-531 8 B4E 3rd Party Function Report-Adult, dated 02/22/2013, from 532-539 8 Husband B5E Physical RFC Assessment, dated 02/26/2013, from CLMT 540-544 5 B6E Function Report-Adult, dated 03/04/2013, from FO 545-554 10 B7E Disability Report-Field Office, dated 06/06/2013, from FO 555-556 2 B8E Statement of Claimant or Other Person, dated 06/07/2013, 557 1 from CLMT B9E Disability Report-Appeals, dated 06/07/2013, from FO 558-562 5 B10E Work History Report, dated 08/03/2013, from CLMT 563-570 8 B11E Copy of Case Development Claimant Correspondence, dated 571 1 08/16/2013, from GIDEON, GERRI DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08022-SPL Document 14-2 Filed 05/02/17 Page 4 of 7 Court Transcript Index Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages B12E 3rd Party Function Report-Adult, dated 09/05/2013, from 572-579 8 FRIEND B13E Function Report-Adult, dated 09/05/2013, from CLMT 580-588 9 B14E Disability Report-Field Office, dated 01/03/2014, from FO 589-590 2 B15E Disability Report-Appeals, dated 01/03/2014, from FO 591-595 5 B16E Exhibit List to Rep PH2E, dated 09/20/2014, from ODAR 596-606 11 B17E Recent Medical Treatment, dated 10/17/2014 607 1 B18E Representative Correspondence, dated 03/04/2015 608-609 2 B19E Medications, dated 03/03/2015 610 1 B20E Representative Brief, dated 09/11/2015, from Howard D. 611-617 7 Olinsky, Esq. 1F Claimant-supplied Evidence, dated 04/02/2002, from PHILIP 618-619 2 BARNARD DC 2F Claimant-supplied Evidence, dated 12/23/2005, from SILVER 620-626 7 CREEK MRI 3F Claimant-supplied Evidence, dated 04/25/2006, from SILVER 627-628 2 CREEK MEDICAL ASSOCIATES 4F Medical Evidence of Record, dated 11/20/2007, from VINOD 629-631 3 KUMAR SINGH MD 5F Medical Evidence of Record, dated 03/19/2008 to 632-646 15 04/04/2008, from PALO VERDE PHYSICAL THERAPY 6F Medical Evidence of Record, dated 09/08/2007 to 647-709 63 08/28/2008, from UNIVERSITY MEDICAL CENTER 7F Medical Evidence of Record, dated 09/22/2008, from ALL 710-711 2 WOMEN'S REGIONAL MEDICAL CENTER 8F Medical Evidence of Record, dated 09/11/2008 to 712-753 42 10/08/2008, from MOHAVE MENTAL HEALTH CLINIC 9F Medical Evidence of Record, dated 08/16/2007 to 754-820 67 10/10/2008, from WESTERN ARIZONA REGIONAL MEDICAL CENTER 10F Medical Evidence of Record, dated 01/22/2009, from 821-826 6 WESTERN MEDICAL EYE CENTER 11F Consultative Examination Report, dated 02/20/2009, from 827-828 2 KINGMAN REGIONAL MEDICAL CENTER (X-RAY) 12F Medical Evaluation/Case Analysis, dated 03/05/2009, from 829 1 DDS PHOEN AZ 13F Consultative Examination Report, dated 03/10/2009, from 830-834 5 MDSI PHYSICIAN SERVICES (KINGMAN) 14F Consultative Examination Report, dated 03/10/2009, from 835-841 7 DORIS JAVINE, PHD 15F Psychiatric Review Technique, dated 03/20/2009, from DDS 842-855 14 PHOEN AZ DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08022-SPL Document 14-2 Filed 05/02/17 Page 5 of 7 Court Transcript Index Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages 16F Claimant-supplied Evidence, dated 04/01/2009, from 856-859 4 TRISTATE NEUROLOGICAL AND SLEEP DISORDER CENTER 17F Attorney/Representative-Supplied Evidence, dated 860-863 4 04/01/2009 to 04/01/2009, from M.A. Nayer, M.D. 18F Medical Evidence of Record, dated 01/06/2009 to 864-911 48 06/04/2009, from MOHAVE MENTAL HEALTH CLINIC 19F Medical Evidence of Record, dated 01/22/2009 to 912-927 16 06/24/2009, from AZ DIGESTIVE CARE 20F Claimant-supplied Evidence, dated 07/22/2009, from 928-930 3 American Home Life Insurance 21F Claimant-supplied Evidence, dated 08/04/2009, from 931-932 2 SONORA QUEST LABS 22F Psychiatric Review Technique, dated 10/07/2009, from DDS 933-946 14 PHOEN AZ 23F Medical Evaluation/Case Analysis, dated 10/08/2009, from 947 1 DDS PHOEN AZ 24F Attorney/Representative-Supplied Evidence, dated 948-949 2 03/11/2010 to 03/11/2010, from Paul T. Sutera, M.D. 25F Medical Evidence of Record, dated 07/16/2008 to 950-965 16 06/16/2009, from PAUL SUTERA 26F Medical Evidence of Record, dated 10/19/2007 to 966-988 23 01/07/2009, from SILVER CREEK FAMILY PRACTICE, PC 27F Consultative Examination Report, dated 02/13/2009, from 989-991 3 WESTERN AZ REGIONAL MEDICAL CENTER 28F Statement of Claimant or Other Person, dated 07/07/2009, 992-994 3 from AMERICAN HOME LIFE INSURANCE COMPANY 29F Attorney/Representative-Supplied Evidence, dated 995-996 2 03/30/2009 to 03/30/2009, from Western Arizona Regional Medical Center 30F Attorney/Representative-Supplied Evidence, dated 997-1001 5 06/01/2010 to 06/01/2010, from Southwest Cardiovascular 31F Attorney/Representative-Supplied Evidence, dated 1002-1010 9 07/06/2009 to 07/06/2009, from Western Medical Eye 32F Attorney/Representative-Supplied Evidence, dated 1011-1018 8 10/05/2009 to 05/24/2010, from Silvercreek Medical Associates 33F Attorney/Representative-Supplied Evidence, dated 1019-1118 100 10/15/2008 to 06/23/2010, from Mohave Mental Health 34F Claimant-supplied Evidence, dated 09/09/2010 to 1119-1124 6 09/09/2010, from RFC from Dr. Meehan 35F Claimant-supplied Evidence, dated 12/15/2009 to 1125-1135 11 07/19/2010, from Caren Meehan, FNP DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08022-SPL Document 14-2 Filed 05/02/17 Page 6 of 7 Court Transcript Index Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages 36F Claimant-supplied Evidence, dated 01/01/2010 to 1136-1156 21 06/07/2010, from Dr. Irfan Mirza, MD 37F Misc Medical Records, dated 11/03/2010 1157-1191 35 38F Claimant-supplied Evidence 1192-1206 15 B1F Office Treatment Records, dated 07/24/2001 to 09/30/2009, 1207-1220 14 from SUTERA, PAUL MD B2F Office Treatment Records, dated 07/16/2012 to 07/24/2012, 1221-1250 30 from ABC HARMONY THERAPY B3F Office Treatment Records, dated 09/20/2012, from Western 1251 1 Medical Eye-MURPHY RORY OD B4F Office Treatment Records, dated 01/19/2010 to 02/08/2013, 1252-1294 43 from SOUTHWEST CARDIOVASCULAR ASSOCIATES B5F Office Treatment Records, dated 02/26/2013 to 03/04/2013, 1295-1301 7 from LONGNER CHIROPRACTIC B6F Office Treatment Records, dated 02/26/2013 to 03/04/2013, 1302-1311 10 from LONGER CHIROPRACTIC B7F CE Psychology, dated 04/11/2013, from NICOLE HUGGINS, 1312-1321 10 PSY.D. (BHC PROJECT) B8F CE Internal Medicine, dated 04/12/2013, from JARED 1322-1329 8 FAIRBANKS, D.O. (BULLHEAD CITY) B9F Office Treatment Records, dated 08/23/2001 to 06/17/2013, 1330-1365 36 from SILVERCREEK MEDICAL ASSOCIATES P.C. B10F CE Psychology, dated 10/31/2013, from AN NGUYEN, 1366-1373 8 PSY.D. (BULLHEAD CITY) B11F CE Internal Medicine, dated 11/16/2013, from GLENN R 1374-1382 9 KUNSMAN, DO (BULLHEAD CITY) B12F Office Treatment Records, dated 07/02/2013 to 02/18/2014, 1383-1395 13 from SOUTHWEST CARDIOVASCULAR ASSOCIATES B13F Hospital Records, dated 01/04/2014 to 02/24/2014, from 1396-1412 17 WESTERN AZ REGIONAL MEDICAL CENTER B14F Radiology Report, dated 06/25/2014, from VALLEY VIEW 1413-1414 2 MEDICAL CENTER B15F Laboratory Test Report, dated 09/10/2014, from ALL 1415-1417 3 WOMENS CLINIC B16F Progress Notes, dated 02/01/2013 to 10/16/2014, from 1418-1429 12 SILVERCREEK MEDICAL ASSOCIATES P.C. B17F Progress Notes, dated 06/09/2014 to 12/05/2014, from TRI-1430-1447 18 STATE NEUROLOGICAL&SLEEP DISORDER CENTER B18F Emergency Department Records, dated 12/28/2010 to 1448-1487 40 07/08/2014, from WESTERN ARIZONA REGIONAL MEDICAL CENTER B19F Progress Notes, dated 01/21/2015, from Western Mountain 1488-1491 4 Medical Center Dr Nabila Aslam DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08022-SPL Document 14-2 Filed 05/02/17 Page 7 of 7 Court Transcript Index Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages B20F Progress Notes, dated 12/23/2014 to 02/05/2015, from 1492-1522 31 Southwest Behavioral Health B21F Office Treatment Records, dated 02/27/2015, from Western 1523-1525 3 Arizona Regional Medical Center B22F Progress Notes, dated 03/03/2015 to 03/09/2015, from 1526-1535 10 Western Mountain Medical Center-Dr Nabila Aslam B23F Office Treatment Records, dated 12/23/2014 to 01/13/2015, 1536-1562 27 from Southwest Behavioral Health B24F Mental RFC Assessment, dated 04/28/2015, from Aaron 1563-1566 4 Goodman MD B25F Attorney/Representative-Supplied Evidence, dated 1567-1581 15 12/23/2014 to 04/28/2015, from Southwest Behavioral Health Services DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable

Case 3:17-cv-08022-SPL Document 14-3 Filed 05/02/17 Page 1 of 92 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 12/09/2016 1-7 7 Appointment of Representative (1696), dated 09/15/2015 8-10 3 AC Correspondence (ACCORR), dated 08/17/2015 11-17 7 Request for Review of Hearing Decision/Order (HA 520), dated 18-22 5 08/06/2015 ALJ Hearing Decision (ALJDEC), dated 06/26/2015 23-42 20 Transcript of Oral Hearing (TRANHR), dated 03/09/2015 43-91 49 DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91

Payment Documents and Decisions

Case 3:17-cv-08022-SPL Document 14-4 Filed 05/02/17 Page 1 of 113 Payment Documents and Decisions Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages 1A Disability Determination Transmittal, dated 03/24/2009 92 1 2A Disability Determination Transmittal, dated 03/24/2009 93 1 3A Disability Determination Transmittal, dated 10/09/2009 94 1 4A Disability Determination Transmittal, dated 10/09/2009 95 1 B1A ALJ Hearing Decision-Unfavorable-ALJ Hart, dated 96-115 20 11/23/2010 B2A AC Denial, dated 07/12/2012 116-121 6 B3A Initial Disability Determination by State Agency, Title II, dated 122 1 04/29/2013 B4A Initial Disability Determination by State Agency, Title XVI, 123 1 dated 04/29/2013 B5A T16P-RFC signed by DDS DR, PRTF included, dated 124-139 16 04/29/2013 B6A T2:P-RFC signed by DDS DR, PRTF included, dated 140-155 16 04/29/2013 B7A Reconsideration Disability Determination by State Agency, 156 1 Title II, dated 12/10/2013 B8A Reconsideration Disability Determination by State Agency, 157 1 Title XVI, dated 12/10/2013 B9A T16 P&M-RFC signed by DDS DR, PRTF, dated 12/10/2013 158-180 23 B10A T2 P&M-RFC signed by DDS DR, PRTF, dated 12/10/2013 181-203 23 DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203

Jurisdictional Documents and Notices

Case 3:17-cv-08022-SPL Document 14-5 Filed 05/02/17 Page 1 of 139 Jurisdictional Documents and Notices Civil Action Number: 3:17-CV-08022 Claimant: Gerri Beatrice Gideon Account Number: 548-02-2945 Exhibits Exhibit No. of No. Description Page No. Pages 1B Personal Decision Notice, dated 03/24/2009 204-207 4 2B Personal Decision Notice, dated 03/24/2009 208-211 4 3B Authorized Representative Cover Letter 212-213 2 4B Representative Fee Agreement 214-216 3 5B Request for Reconsideration, dated 05/18/2009 217-218 2 6B Appointment of Representative, dated 05/20/2009 219-220 2 7B Personal Decision Notice, dated 10/09/2009 221-223 3 8B Personal Decision Notice, dated 10/09/2009 224-227 4 9B Request for Hearing by ALJ, dated 10/28/2009 228-229 2 10B Request for Hearing Acknowledgement Letter 230-236 7 11B Request for Hearing Acknowledgement Letter 237-243 7 12B Hearing Notice 244-261 18 13B Request for Review of Hearing Decision/Order 262 1 B1B Representative Fee Agreement, dated 11/13/2012 263 1 B2B Appointment of Representative, dated 01/03/2013 264 1 B3B T2 Notice of Disapproved Claim, dated 04/30/2013 265-269 5 B4B T16 Notice of Disapproved Claim, dated 04/30/2013 270-273 4 B5B Request for Reconsideration, dated 06/06/2013 274 1 B6B T2 Disability Reconsideration Notice, dated 12/05/2013 275-278 4 B7B T16 Disability Reconsideration Notice, dated 12/05/2013 279-282 4 B8B T2 Disability Reconsideration Notice, dated 12/10/2013 283-287 5 B9B T16 Disability Reconsideration Notice, dated 12/10/2013 288-292 5 B10B Request for Hearing by ALJ, dated 01/03/2014 293-294 2 B11B Request for Hearing Acknowledgement Letter, dated 295-301 7 01/21/2014 B12B Hearing Notice 302-323 22 B13B Resume of Vocational Expert 324-325 2 B14B Acknowledge Notice of Hearing 326-327 2 B15B Outgoing ODAR Correspondence 328-331 4 B16B Representative Fee Agreement, dated 01/27/2015 332 1 B17B Appointment of Representative, dated 01/27/2015 333 1 B18B Notice Of Hearing Reminder, dated 02/23/2015 334-339 6 B19B Appointment of Representative, dated 01/25/2015 340 1 B20B Representative Fee Agreement, dated 01/27/2015 341 1 DATE: April 5, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341

CONSENT TO MAGISTRATE JUDGE TRIAL. Magistrate Judge John Z Boyle added. Judge Steven P Logan no longer assigned to case. All further pleadings shall list the following case number: CV-17-8022-PHX-JZB. Signed by Judge Steven P Logan on 5/23/17.

LODGED css (Ref1b69 Notice, Borisent, and Order of Reference - Exercise of Jurisdiction by a United States Magistrate Judge CRECEVED (For Use In Civil Cases with District Judge as PresiderFILED X LODGED L RECEIVED COPY UNITED STATES DISTRICT COURT MAY 2 2 2017 DEPUTY | District of _ Arizona bekaIDEO CLERK US DISTRICT COURT NOTICE, CONSENT, AND ORDER TOHGEBRAURONA Plaintiff EXERCISE OF JURISDIctØKeva autoestrEPUTY MAGISTRATE JUDGE NANCY A. BERRYHILL, Case Number; 3; 17 - cy - 08022 - PCT - SPL COMMISSIONER OF SOCIAL SECURITY Defendant MAY 24 2017 CLERK US DISTRICT COURT DISTRICT OF ARIZONA LAD DILALDILIRD - - J V. NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION. In accordance with the provisions of28U.S. C. 636 (c) and Fed. R. Civ. P. 73, you are hereby notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States Court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. ri CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE JI - in accordance with the provisions of 28U.S. C. 636 (c) and Fed. R. Civ. P. 73, the parties in this case hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case, including the trial, order the entry of a final judgment, and conduct all post - judgment proceedings. Signatures Party Represented Gerri Gideon, Plaintiff S / 12 / 2017 IS / Leisa A. Wolf Nancy A. Berryhill, Defendant 5 / 17 / 2017 Date MODngby. www. wa ORDER OF ASSIGNMENT John Z. Boyle IT IS HEREBY ORDERED that this case be assigned to United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U. J. C. 636 (c), Fed. R. Civ. P. 73 and the foregoing consent of the parties. All further documents filed with the court are to carry the following case number CV - 17 - 8022 - PCT - JZB 725 / 12 A SO JO Date United States District Judge NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

OPENING BRIEF by Gerri Gideon.

Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 1 of 21 1 Howard D. Olinsky Attorney for Plaintiff 2 Admitted Pro Hac Vice 3 One Park Place 300 South State St., Suite 420 4 Syracuse, New York 13202 Phone: (315) 701-5780 5 Facsimile: (315) 701-5781 6 Email: holinsky@windisability.com 7 IN THE UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 Gerri Gideon, No. 3:17-CV-8022-PCT-JZB 10 Plaintiff, 11 vs. PLAINTIFF’S OPENING BRIEF 12 Nancy A. Berryhill, 13 Acting Commissioner of Social 14 Security, 15 Defendant 16 17 PLAINTIFF’S OPENING BRIEF 18 IN SUPPORT OF A SOCIAL SECURITY APPEAL 19 20 I. STATEMENT OF THE ISSUES PRESENTED FOR REVIEW 21 1. The RFC is unsupported by substantial evidence since the ALJ 22 erroneously gave the opinion of Plaintiff’s treating physician, Dr. Goldman, no weight. 23 2. The ALJ inappropriately engaged in "picking and choosing" through the 24 record in an attempt to devise an RFC favoring non-disability. 3. The Step 5 determination is unsupported by substantial evidence. 25 1 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 2 of 21 1 II. STATEMENT OF THE CASE 2 In November 2008 Gerri Gideon ("Plaintiff") filed a Title II application for a 3 period of disability and disability insurance benefits and a Title XVI application for 4 Supplemental Security Income alleging disability beginning July 1, 2008. T 26. Both 5 6 applications were denied initially and on reconsideration. Id. After a hearing, 7 Administrative Law Judge Hoskins Hart issued an unfavorable decision. Id. Plaintiff 8 requested review, which Appeals Council denied. Id. 9 On January 7, 2013, Plaintiff filed a new Title II application and on January 10, 10 11 2013, filed a new Title XVI application alleging disability beginning July 1, 2008 due to 12 peripheral neuropathy, back problems, bipolar, carpal tunnel, and heart problems. T 26, 13 124. Both claims were denied on April 30, 2013, and upon reconsideration on December 14 10, 2013. T 26. A hearing was held, at which Plaintiff amended her alleged onset date to 15 November 24, 2010. Id. On June 26, 2015, Administrative Law Judge ("ALJ") Paula 16 17 Fow found Plaintiff not disabled. T 26-36. 18 The ALJ found that Plaintiff successfully rebutted the presumption of continuing 19 nondisability under Chavez. T 29; Chavez v. Bowen, 844 F.2d 691 (9th Cir. 1988). She 20 found that Plaintiff meets the insured status requirements of the Social Security Act 21 22 through December 31, 2013. T 29. At Step 1, the ALJ found that Plaintiff has not 23 engaged in substantial gainful activity since November 24, 2011, the amended alleged 24 onset date. Id. At Step 2, the ALJ found that Plaintiff has the following severe 25 2 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 3 of 21 1 impairments: a major depressive disorder, a learning disorder, a personality disorder, 2 opioid abuse, chronic pain syndrome, rheumatoid arthritis, bipolar disorder, peripheral 3 neuropathy, and cardiac arrhythmia. Id. At Step 3, she determined that Plaintiff does not 4 have an impairment, or combination thereof, that meets the severity of one of the listed 5 6 impairments. T 31. 7 The ALJ determined that Plaintiff has the residual functional capacity ("RFC") to 8 perform light work, but she is "limited to occupations requiring no more than simple, 9 routine, repetitive tasks, which are not performed in a fast-paced production environment 10 11 and involve only relatively few work place changes." T 32. At Step 4, the ALJ found 12 that Plaintiff is unable to perform any past relevant work. T 34. Lastly, at Step 5, given 13 Plaintiff’s age, education, work experience, and RFC, the ALJ determined that Plaintiff 14 could perform jobs that exist in significant numbers in the national economy, including 15 advertising materials distributor, cleaner/housekeeper, and sign holder. T 35. 16 17 On December 9, 2016, Appeals Council denied review, making the ALJ’s decision 18 the final agency decision. T 1-4. This action followed. This court has jurisdiction. T 42 19 U.S.C. §§ 405(g), 1383(c)(3). 20 III. STATEMENT OF FACTS 21 22 Plaintiff was 47 years old at the amended alleged onset date and subsequently 23 changed age category to closely approaching advanced age. T 35. She earned a GED. T 24 25 3 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 4 of 21 1 410. Plaintiff previously worked as a food server, baker, delivery person, kitchen helper, 2 maintenance person, drink server, and caregiver. T 447. 3 A. Medical Evidence 4 Plaintiff treated with Dr. Paul T. Sutera for neck pain and low back pain, for which 5 6 she received injections. T 628, 625, 667, 677, 832-33, 955-60, 1012-18, 1207, 1333-39, 7 1349, 1350. On exam there was tenderness to palpation in the lower back and neck 8 spasms. Id. She was diagnosed with neuropathy, radiculopathy, and bilateral carpal 9 tunnel syndrome. Id. An MRI found disc herniation favoring the right at C3/4 with 10 11 effacement of the thecal sac. T 621. She was prescribed Vicodin, Flexeril, 12 Hydrocodone, and Naproxen. T 628, 832. Plaintiff attended physical therapy, but there 13 was no improvement in her symptoms. T 635-42. She continued treatment for pain 14 management up through 2014. T 1419-29. 15 Plaintiff also has a history of paresthesia in the hands and wrist pain and 16 17 electrodiagnostic studies suggested mononeuropathy at the wrists. T 622, 653, 657, 703, 18 799. 19 Plaintiff received treatment at Mohave Mental Health Clinic for depression and 20 bipolar disorder. T 714-753, 865-908, 1020-1118. On many occasions, she appeared 21 22 tearful and complained of loss of interest, decreased appetite, loss of sleep, tiredness, 23 feelings of worthlessness, inability to concentrate, thoughts of death, racing thoughts, 24 25 4 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 5 of 21 1 visual hallucinations, paranoia and isolation, and being easily distracted. Id. She was 2 prescribed Depakote, Risperdal, and Trazadone. T 903. 3 Dr. Irfan M. Mirza, M.D. began treating Plaintiff in 2010 where she complained of 4 numbness and heaviness in her legs. T 1253. Plaintiff later complained of left leg 5 6 swelling, low back pain, depression, anxiety, and muscle weakness. T 1286-87. Dr. 7 Mirza also noted that she was using a cane. T 1287 8 Plaintiff began treating at ABC Therapy in 2012 for depression, anxiety, anger, 9 and anhedonia. T 1242. She reported poor eating, being easily fatigued, awakening at 10 11 night, feeling guilty, and loneliness. T 1242-43. She had mild attention disturbance and 12 distractibility. T 1243. She was diagnosed with Cyclothymia and bipolar disorder. T 13 1236, 1245. 14 On February 28, 2013, Plaintiff began seeing Dr. Martin E. Longner, D.C. with 15 complaints of neck pain and numbness, mid back to low back pain, hip and inner thigh 16 17 pain, and hand numbness. T 1301. On exam, taut and tender fibers were detected in the 18 cervical, thoracic, and lumbar spine. Id. Thompson leg raise test was low on the left, 19 which indicated that the sacral apex was misaligned to the right. Id. He also noted that 20 the right leg is shorter than the left. Id. 21 22 On March 4, 2013, an x-ray of the cervical spine revealed cervical alordosis, mild 23 osteopenia, and lumbarization of T12 and sacralization of L5. T 1295. 24 25 5 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 6 of 21 1 On March 11, 2013, Nicole Huggins, Psy.D. completed a psychological 2 evaluation. T 1312-1317. Records reviewed included those from Southwest 3 Cardiovascular Associates dated February 28, 2013. T 1314. She noted that Plaintiff 4 demonstrated slight difficulties with encoding and working memory. T 1317. 5 6 On April 12, 2013, Plaintiff underwent a physical consultative examination ("CE") 7 with Dr. Jared Fairbanks, D.O. T 1322-28. She complained of fatigue, weakness, trouble 8 sleeping, shortness of breath, cough, abdominal pain, low back pain, paresthesia in the 9 lower extremities, anxiety, depression, and mood swings. T 1324. Plaintiff was unable 10 11 to stoop without difficulty or lift each foot off the ground and stand without assistance. T 12 1325. She demonstrated inappropriate balance. Id. She complained of numbness in the 13 hands. T 1327. She had pain with the straight leg test, including a shooting pain across 14 the back with bilateral leg lift. Id. 15 On April 29, 2013, State Agency medical consultant ("SAMC") Stephen Scott, 16 17 Ph.D. opined that Plaintiff has mild difficulties in activities of daily living, maintaining 18 social functioning, and maintaining concentration, persistence, or pace ("CPP"). T 132. 19 SAMC Karen Schnute, M.D., opined that Plaintiff can lift/carry 20 pounds occasionally 20 and 10 pounds frequently. T 135. She can sit, stand, and walk 6 hours a day. Id. 21 22 Plaintiff can occasionally climb ramps/stairs, balance, stoop, kneel, crouch, and crawl, 23 but can never climb ladders/ropes/scaffolds. Id. 24 25 6 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 7 of 21 1 On October 31, 2013, An Nguyen, Psy.D. completed a psychiatric CE. T 1366-72. 2 Her mood was depressed and she had a markedly diminished interest or pleasure in 3 activities. T 1371. She opined that Plaintiff has mild difficulty with detailed instructions, 4 concentration, activities with a schedule, working with others, sustaining and ordinary 5 6 routine, completing a normal workday, responding to criticism, and responding to 7 change. T 1372. Plaintiff’s condition will impose limitations for 12 months. Id. 8 On December 10, 2013, SAMC David Yandell, Ph.D. opined that Plaintiff has 9 moderate limitations in CPP. T 172. She is moderately limited in the ability to carry out 10 11 detailed instructions. T 176. She is able to carry out simple job tasks. T 177. She has 12 mild limitations interacting with the public, supervisors, and coworkers. Id. Plaintiff has 13 moderate limitations adapting to change in the work place. Id. SAMC Terry Ostrowski’s 14 findings were reflective of those found by Dr. Schnute. T 175. 15 On May 21, 2014, Plaintiff was treated by Dr. Heather Shelton, M.D. at Tri-State 16 17 Neurology for memory problems. T 1437-39. On exam, range of motion was decreased 18 in the cervical spine. T 1439. Sensation was decreased in the lower extremities, 19 ambulation was wide-based, and she had an unsteady tandem. Id. In later visits, Plaintiff 20 complained of forgetting appointments, repeating questions and stories, feeling 21 22 overwhelmed, insomnia, fatigue, malaise, and feeling tired throughout the day. T 1431-23 36. She was started on Mirtazapine. T 1431. 24 25 7 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 8 of 21 1 On December 23, 2014, Plaintiff reported to Southwest Behavioral for treatment 2 for her depression. T 1511. She reported being forgetful and said she isolates herself. T 3 1496-97, 1501, 1506-07, 1511, 1539, 1577. 4 On January 13, 2015, Dr. Aaron Goldman, M.D. diagnosed her with major 5 6 depressive disorder, learning disorder, and chronic pain. T 1496. 7 On January 21, 2015, Plaintiff saw Dr. Nabila Aslam to establish care. T 1490. 8 She complained of lower back pain. Id. She was told to stop taking Estradiol and 9 Mirtazepam, lower the Norco, and was started on Celebrex. Id. 10 11 On February 10, 2015, Plaintiff saw Dr. Goldman complaining of chronic pain and 12 that she "isn’t doing well." T 1579. Her mood was depressed. Id. 13 On March 3, 2015, bone scanning showed osteopenia and Dr. Aslam noted that 14 she is at risk for developing osteoporosis in the future. T 1531. He noted that she has 15 significant problems with anxiety, was tearful on exam, and had significant difficulties 16 17 with memory. T 1531. 18 On April 28, 2015, treating physician Dr. Goldman completed an RFC 19 questionnaire. T 1564-66. He opined that Plaintiff has slight limitations in the ability to 20 remember work-like procedures, understand short instructions, make simple work-related 21 22 decisions, and travel in unfamiliar places. Id. She has moderate limitations in the ability 23 to understand detailed instructions, carry out short instructions, maintain regular 24 attendance, work with others, complete a normal workweek, perform at a consistent pace, 25 8 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 9 of 21 1 respond to changes, be aware of hazards, and set realistic goals. Id. She has moderate to 2 marked limitations in the ability to complete a normal workday. T 1565. Plaintiff has 3 marked limitations in the ability to carry out detailed instructions, maintain attention and 4 concentration, sustain a routine, interact with the public, ask simple questions, accept 5 6 instructions, get along with coworkers, and maintain socially appropriate behavior. T 7 1564-65. He noted that Plaintiff attends appointments on time, remembers the time of 8 her appointments, answers questions appropriately, and takes her medications as 9 instructed. T 1564. She has a learning disorder and depression needing medication 10 11 management, which precludes the ability to maintain a normal workday. T 1565. She is 12 socially withdrawn and is unable to maintain social interaction in an appropriate manner. 13 Id. Plaintiff’s depression and anxiety preclude her from adapting to significant changes 14 in her environment. T 1566. 15 On April 28, 2015, Plaintiff treated with Dr. Goldman complaining of chronic pain 16 17 and feeling more depressed lately. T 1577. 18 B. Hearing Testimony 19 A hearing was held on March 9, 2015. T 45-91. Plaintiff testified that she was 51 20 years old. T 47. She testified that her son does most of the vacuuming around the house. 21 22 T 61. She said she is in pain all the time and takes hydrocodone and morphine. T 64, 72. 23 Plaintiff was using braces for her carpal tunnel. T 75. She testified that she has back 24 pain that radiates down her left leg and goes all the way down to her feet. T 75-76. 25 9 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 10 of 21 1 Plaintiff has been using a cane since 2008 or 2009 that was prescribed by a doctor. T 76. 2 She said that she lies down most of the day, but can stand about an hour out of the day. T 3 79. She can sit for approximately 45 minutes. T 80. She has trouble walking up and 4 down stairs and needs to hold onto something or use her cane. T 81. The most Plaintiff 5 6 can comfortably carry is a gallon of milk. T 81. Her son usually accompanies her to the 7 store. T 82-83. 8 A vocational expert ("VE") testified at the hearing. She testified that someone of 9 Plaintiff’s age, education, work experience, and the determined RFC would be able to 10 11 perform the jobs of advertising material distributor, cleaner/housekeeper, and sign holder. 12 T 86-87. If that person would be off task 15 percent of the workday, that person would 13 not be able to maintain competitive employment. T 87. If the hypothetical person could 14 stand 2 hours a day, lift no more than 10 pounds, needed a cane to ambulate, occasional 15 postural, no kneeling, no use of ladders/ropes/scaffolds, needed to alternate between 16 17 sitting and standing every 25 to 30 minutes, and was limited to occasional gripping, 18 grasping, reaching, finger, and manipulation, it would preclude pretty much all sedentary 19 work. T 88-89. If the person with Plaintiff’s age, education, work experienced, and 20 determined RFC would miss three days of work per month, that person would not be able 21 22 to maintain competitive employment. T 89. 23 IV. ARGUMENT 24 25 10 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 11 of 21 1 This Court may review the record to determine whether the Commissioner applied 2 the proper legal standards and whether substantial evidence supports the Commissioner’s 3 final decision to deny the Plaintiff benefits. See 42 U.S.C. § § 405(g), 1383(c)(3). 4 Substantial evidence means more than a mere scintilla of evidence. It means such 5 6 relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 7 Richardson v. Perales, 402 U.S. 389, 401 (1971). 8 1. The RFC is unsupported by substantial evidence since the ALJ erroneously 9 gave the opinion of Plaintiff’s treating physician, Dr. Goldman, no weight. 10 Generally, more weight is given to treating sources, "since these sources are likely 11 to be the medical professionals most able to provide a detailed, longitudinal picture of 12 your medical impairment(s)." 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2). 13 14 The Ninth Circuit has held that "[w]here the treating doctor’s opinion is not 15 contradicted by another doctor, it may be rejected only for clear and convincing reasons 16 supported by substantial evidence in the record. Even if the treating doctor’s opinion is 17 contradicted by another doctor, the administrative law judge (ALJ) may not reject this 18 opinion without providing specific and legitimate reasons supported by substantial 19 20 evidence in the record." Orn v. Astrue, 495 F.3d 625, 632 (9th Cir. 2007) (emphasis 21 added). See also Lester v. Chater, 81 F.3d 821, 830–31 (9th Cir. 1995) ("[L]ike the 22 opinion of a treating doctor, the opinion of an examining doctor, even if contradicted by 23 another doctor, can only be rejected for specific and legitimate reasons that are supported 24 25 by substantial evidence in the record.") (emphasis added) (citing Pitzer v. Sullivan, 908 11 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 12 of 21 1 F.2d 502, 506 (9th Cir. 1990) and Andrews v. Shalala, 53 F.3d 1035, 1043 (9th Cir. 2 1995)). Indeed, the Ninth Circuit has indicated that when the ALJ accords less than 3 dispositive weight to a treating opinion because it is contradicted by other evidence, the 4 ALJ may not "simply disregard it" and "[t]he ALJ is required to consider the factors" set 5 6 out in the regulations for weighing opinion evidence. See Ghanim v. Colvin, 763 F.3d 7 1154, 1161 (9th Cir. 2014). See also Garrison v. Colvin, 759 F. 3d 995, 1012—13 (9th 8 Cir. 2014) (An ALJ "errs when he rejects a medical opinion or assigns it little weight 9 while doing nothing more than ignoring it, asserting without explanation that another 10 11 medical opinion is more persuasive, or criticizing it with boilerplate language that fails to 12 offer a substantive basis for his conclusion."). These factors include: (i) the length of the 13 treatment relationship and the frequency of examination; (ii) the nature and extent of the 14 treatment relationship; (iii) the evidence in support of the treating physician's opinion; 15 (iv) the consistency of the opinion with the record as a whole; (v) whether the opinion is 16 17 from a specialist; and (vi) other factors that tend to support or contradict the opinion. 20 18 C.F.R. §§ 404.1527(c)(2)-(6), 416.927(c)(2)-(6). 19 Treating physician Dr. Goldman opined that Plaintiff has slight limitations in the 20 ability to remember work-like procedures, understand short instructions, make simple 21 22 work-related decisions, and travel in unfamiliar places. Id. She has moderate limitations 23 in the ability to understand detailed instructions, carry out short instructions, maintain 24 regular attendance, work with others, complete a normal workweek, perform at a 25 12 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 13 of 21 1 consistent pace, respond to changes, be aware of hazards, and set realistic goals. Id. She 2 has moderate to marked limitations in the ability to complete a normal workday. T 1565. 3 Plaintiff has marked limitations in the ability to carry out detailed instructions, maintain 4 attention and concentration, sustain a routine, interact with the public, ask simple 5 6 questions, accept instructions, get along with coworkers, and maintain socially 7 appropriate behavior. T 1564-65. 8 9 The Ninth Circuit has held that "[w]here an [ALJ] fails to provide adequate 10 reasons for rejecting the opinion of a treating or examining physician, we credit that 11 opinion as a matter of law." Lester v. Chatter, 81 F.3d 821, 834 (9th Cir. 1995) (internal 12 quotations omitted). In giving Dr. Goldman "no weight," the ALJ reasoned that the 13 medical source statement is "merely a check sheet with no narrative to support the 14 15 assigned limitations." T 34. However, Dr. Goldman explicitly provided reasons as to 16 why he opined these limitations. He noted that Plaintiff attends appointments on time, 17 remembers the time of her appointments, answers questions appropriately, and takes her 18 medications as instructed. T 1564. However, she has a learning disorder and depression 19 20 needing medication management, which precludes the ability to maintain a normal 21 workday. T 1565. Dr. Goldman noted that she is socially withdrawn and is unable to 22 maintain social interaction in an appropriate manner. Id. Lastly, Dr. Goldman opined 23 that Plaintiff’s depression and anxiety preclude her from adapting to significant changes 24 in her environment. T 1566. 25 13 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 14 of 21 1 This reasoning by the ALJ is completely unfounded, since Dr. Goldman’s 2 comments support the limitations that he opined. See Mangat v. Astrue, No. 11-cv-3 02579-WQH (BGS), 2013 WL 1386296, at *10 (S.D. Cal. Jan. 2, 2013) ("Courts will 4 reverse and remand a denial of benefits, even though'substantial evidence otherwise 5 6 supports the decision of the Commissioner,’ when the ALJ fails to give good reasons for 7 discounting the opinion of the claimant’s treating physician."). 8 9 In discounting Dr. Goldman’s opinion, the ALJ also reasoned that "there is no 10 evidence in the record of any treatment notes from the doctor. Rather it appears that the 11 report completed by the doctor was prepared solely for the purpose of the disability 12 hearing." T 34. Once again, the ALJ’s reasoning is unconvincing. First, "[t]he purpose 13 for which medical reports are obtained does not provide a legitimate basis for rejecting 14 15 them. An examining doctor’s findings are entitled to no less weight when the 16 examination is procured by the claimant than when it is obtained by the Commissioner." 17 Lester, 81 F.3d, at 832. Second, the ALJ’s reasoning is incorrect. Dr. Goldman treated 18 Plaintiff on multiple occasions beginning January 13, 2015. T 1495-96, 1539-40, 1577-19 20 78. Treatment notes show that he diagnosed her with major depressive disorder, a 21 learning disorder, and chronic pain syndrome and he gave her a GAF of 50. T 1496. He 22 prescribed Escitalopram to treat depression and anxiety disorder. Id. Additionally, Dr. 23 Goldman is part of Southwest Behavioral, where Plaintiff was treated many times for her 24 mental disorders. 1493-1522, 1537-1562. The ALJ’s reasons for giving Dr. Goldman 25 14 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 15 of 21 1 "no weight" were not legitimate or supported by the record, and as such, remand is 2 required. See Orn, 495 F.3d at 632; Mangat, 2013 WL 1386296, at *10. 3 Dr. Goldman’s opinion should have been given controlling, or at least significant, 4 weight, and the ALJ’s failure to provide specific and legitimate reasons for discounting 5 6 his opinion constituted reversible error. See Ghanim, 763 F.3d at 1161; Garrison, 759 F. 7 3d at 1012—13. Dr. Goldman had seen Plaintiff multiple times and he, and the medical 8 group he was part of, had a treatment relationship with her. T 1493-1522, 1537-62, 9 1577-78; 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2). The evidence in the record 10 11 supports Dr. Goldman’s opinion. C.F.R. §§ 404.1527(c)(3), 416.927(c)(3). Plaintiff has 12 a history of mental health issues and treatment and has reported symptoms of depression, 13 loss of interest, decreased appetite, loss of sleep, feelings of worthlessness, difficulty 14 concentrating, thoughts of death, isolation, and racing thoughts. T 719-37, 878-903, 15 1034-95, 1227-45. She was prescribed Risperdal, Depakote, and Trazadone. T 903, 16 17 1048, 1078, 1496-1511, 1539-77. Further, as a board certified psychiatrist, Dr. Goldman 18 is a specialist and as such, exceptionally qualified to make an opinion regarding 19 Plaintiff’s limitations. 20 C.F.R. §§ 404.1527(c)(5), 416.927(c)(5). The ALJ’s reasons 20 for discounting Dr. Goldman’s opinion are not legally sufficient and as such, the opinions 21 22 should be credited as true and given controlling weight. Benecke v. Barnhart, 379 F.3d 23 587, 594 (9th Cir. 2004) (where the ALJ failed to provide legally sufficient reasons for 24 rejecting the treating physician’s opinion, the Court credited the evidence as true). 25 15 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 16 of 21 1 In failing to give Dr. Goldman controlling weight, the ALJ instead gave 2 "significant weight" to the CEs and SAMCs. T 34. However, none of these physicians 3 had the benefit of reviewing the entirety of Plaintiff’s medical records. Pruitt v. Astrue, 4 2010 WL 1330164, at *4 (C.D. Cal. Mar. 31, 2010) (remand was required where the ALJ 5 6 relied on a CE’s opinion who did not review all of plaintiff’s medical records); see 20 7 C.F.R. §§ 404.1517, 416.917 ("If we arrange for [a consultative] examination or test,... 8 [w]e will also give the examiner any necessary background information about your 9 condition."). Specifically, CE Dr. Huggins only reviewed records from Southwest 10 11 Cardiovascular from February 28, 2013. T 1314. CE Dr. Nguyen reviewed Dr. 12 Huggins’s report and a function report filled. T 1366. None of the CEs in the record had 13 the benefit of viewing all Plaintiff’s medical records, and only had an extremely small 14 snapshot on which to base their opinions. See Ladue v. Chater, No. c-95-0754 EFL, 1996 15 WL 83880, at *5 (N.D. Cal. Feb. 16, 1996) (remand was required where the ALJ gave 16 17 considerable weight to a CE who was only given one progress note, in violation of 20 18 C.F.R. § 404.1517). Additionally, all of the CE and SAMC opinions were issued in 19 2013. T 132-45, 172-77, 1317, 1371-72, 1380. As such, they did not have the benefit of 20 reviewing any of the medical evidence after that. Specifically, none of them reviewed the 21 22 records regarding Plaintiff’s mental health treatment at Southwest Behavioral, 23 particularly the opinion evidence offered by Dr. Goldman as discussed above. As such, 24 these opinions "cannot constitute substantial evidence justifying rejection of the opinion 25 16 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 17 of 21 1 of [Plaintiff’s] treating physician." See Jackson v. Astrue, No. 2-10-2401 EFB (TEMP), 2 2012 WL 639304, at *4 (E.D. Cal. Feb. 24, 2012); Pruitt, 2010 WL 1330164, at *4. 3 Further, the regulations favor the opinions of treating physicians over non-treating and 4 examining physicians over non-examining. 20 C.F.R. § 416.927(c). The CEs only met 5 6 with Plaintiff once to determine disability, not for the purpose of treatment. The SAMCs, 7 as nonexamining physicians, only had the opportunity to review Plaintiff’s medical 8 records, which were incomplete. 9 10 Discrediting Dr. Goldman’s opinion is harmful error since the failure to give him 11 controlling or significant weight necessarily rendered the Step 3 finding unsupported. At 12 Step 3, the ALJ found that Plaintiff does have an impairment that meets the severity of 13 one of the listed impairments. T 31. Specifically, the ALJ found that Plaintiff did not 14 15 meet the "paragraph B" ("paragraph D" of listing 12.05) criteria of listings 12.04, 12.05, 16 12.08, and 12.09. T 31. To satisfy the "paragraph B" criteria, the mental impairments 17 must result in or a marked limitation of two of the following areas: understand, 18 remember, or apply information; interact with others; concentrate, persist, or maintain 19 20 pace; or adopt or manage oneself. 20 C.F.R. Part 404, Subpart P, Appendix 1, Section 21 12.04B. Dr. Goldman opined, among others, that Plaintiff had marked limitations in the 22 ability to carry out detailed instructions, maintain attention and concentration, and 23 interact with others. T 1564-65. Dr. Goldman’s opinion indicates that Plaintiff meets the 24 "paragraph B" criteria of the listings. As such, failure to give his opinion controlling or 25 17 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 18 of 21 1 significant weight is harmful error and this matter should be remanded for payment of 2 benefits, or, alternatively, for further review. 3 4 2. The ALJ inappropriately engaged in "picking and choosing" through the record in an attempt to devise an RFC favoring non-disability. 5 6 The RFC was also improperly much less restrictive than Dr. Goldman’s opinion. 7 "The ALJ cannot pick and choose from the evidence in order to support his conclusions." 8 Salgado v. Astrue, No. ED CV 08-416-PLA, 2009 WL 2568072, at *4 (C.D. Cal. Aug. 9 10 19, 2009). In determining the physical portions of the RFC, the ALJ adopted the light 11 work exertional requirements set forth by the SAMCs. T 32, 134-35, 175. Yet, the ALJ 12 failed to adopt the postural limitations opined by SAMC Karen Schnute, M.D. 13 Specifically, the ALJ failed to adopt the finding that Plaintiff could occasionally climb 14 ramps/stairs, balance, stoop, kneel, crouch, and crawl, but never climb 15 16 ladders/ropes/scaffolds. T 135. The ALJ did not explain why Dr. Schnute’s opinion 17 regarding Plaintiff’s postural limitations were not adopted in the RFC, while the rest of 18 her opinion was. 19 The limitations opined by Dr. Schnute were supported by the record. Particularly, 20 21 Plaintiff needed the use of a cane to ambulate and on exam had inappropriate balance. T 22 1287, 1313, 1324-25. Further, although Plaintiff testifies to using a cane and there is 23 evidence throughout the record noting her use of a cane, the ALJ failed to analyze 24 Plaintiff’s use of a cane in his RFC determination. T 76, 727, 832, 835, 902, 907, 1034, 25 18 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 19 of 21 1 1078, 1170, 1287, 1291, 1313, 1324, 1358, 1375, 1389, 1393; see James v. Astrue, No. 2 2009 WL 1951739, at *5 (D. Or. July 1, 2009) (holding that the ALJ’s RFC 3 determination was accurate where the ALJ neglected to include the use of a medically 4 prescribed cane). Instead, the ALJ improperly engaged in picking and choosing certain 5 6 evidence in the record to support her desired outcome. See Day v. Weinberger, 522 F.2d 7 1154, 1156 (9th Cir. 1975) (an ALJ is not permitted to reach a conclusion "simply by 8 isolating a specific quantum of supporting evidence."); Pina v. Colvin, No. ED CV 13-9 1806-PLA, 2014 WL 3734554, at *7 (C.D. Cal. July 28, 2014) (it was error for the ALJ 10 11 to selectively choose certain evidence in order to reach his desired outcome). 12 Accordingly, this matter should be remanded for further review. 13 3. The Step 5 determination is unsupported by substantial evidence. 14 15 The VE testified that someone with Plaintiff’s age, education, work experience, 16 and the ALJ’s determined RFC, could perform work in the national economy, including 17 advertising material distributor, cleaner/housekeeper, and sign holder. T 86-87. 18 However, the ALJ’s reliance on this VE testimony was improper as it was in response to 19 20 an incomplete hypothetical question. 21 The ALJ’s erroneous RFC necessarily renders the Step 5 determination 22 unsupported by substantial evidence. The hypothetical question asked to the VE here 23 was incomplete, as it improperly did not include the credited limitations opined by Dr. 24 Goldman, the postural limitations opined by Dr. Schnute, or Plaintiff’s use of a cane. 25 19 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 20 of 21 1 Yacks v. Astrue, No., 2009 WL 399432, at *16-17 (D. Az. Feb. 18, 2009) (The testimony 2 of a VE did not constitute substantial evidence when the hypothetical was based on the 3 ALJ’s incorrect RFC determination). The ALJ improperly relied on the VE’s testimony, 4 as the hypothetical did not include all of Plaintiff’s impairments. Accordingly, this case 5 6 should be remanded for proper vocational evaluation. 7 V. CONCLUSION 8 9 For the foregoing reasons, it is respectfully requested that that the 10 Commissioner’s decision be vacated, and that this matter be remanded for payment 11 of benefits, or, in the alternative, for further administrative proceedings, including 12 13 a de novo hearing and decision. 14 Dated: July 3, 2017 Respectfully submitted, 15/s/Howard D. Olinsky 16 Howard D. Olinsky, Esq. 17 Attorney for Plaintiff Olinsky Law Group 18 One Park Place 300 South State St., Suite 420 19 Syracuse, New York 13202 20 Phone: (315) 701-5780 Email: holinsky@windisability.com 21 22 23 24 25 20 26 27 28 Case 3:17-cv-08022-JZB Document 16 Filed 07/03/17 Page 21 of 21 1 CERTIFICATE OF SERVICE 2 I hereby certify that on July 3, 2017 I electronically filed Plaintiff’s reply brief with 3 the Clerk of the District Court using the CM/ECF system, which sent notification of such 4 filing to the following: 5 6 To: Leisa A. Wolf Special Assistant U.S. Attorney 7 Elizabeth A. Strange 8 Acting U.S. Attorney 9/s/Howard D. Olinsky Howard D. Olinsky, Esq. 10 Attorney for Pl 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 26 27 28

First MOTION for Extension of Time to File Responsive Brief, Unopposed by Nancy A Berryhill.

Case 3:17-cv-08022-JZB Document 17 Filed 07/19/17 Page 1 of 3 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Leisa A. Wolf 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA23206 8 Fax: (206) 615-2531 leisa.wolf@ssa.gov 9 Telephone: (206) 615-3621 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gerri Gideon, No. CV-3:17-CV-8022-PCT-JZB 14 15 Plaintiff, 16 DEFENDANT’S MOTION FOR vs. EXTENSION OF TIME 17 Nancy A. Berryhill, 18 (First Request) Acting Commissioner of Social Security, 19 Defendant. 20 21 Upon the records and files herein and the following declaration, Defendant moves 22 for an order allowing additional time, through September 1, 2017, in which to file a 23 responsive Motion in the above-entitled action, pursuant to Fed. R. Civ. P. 6(b)(1). 24 25 Plaintiff’s counsel has been contacted and has no objection to this request. 26 27 28 Case 3:17-cv-08022-JZB Document 17 Filed 07/19/17 Page 2 of 3 1 DATED this 19th day of July 2017. 2 Respectfully submitted, 3 4 ELIZABETH A. STRANGE 5 Acting United States Attorney District of Arizona 6 s/Leisa A. Wolf 7 LEISA A. WOLF 8 Special Assistant United States Attorney 9 Of Counsel for the Defendant: 10 MATHEW W. PILE 11 Acting Regional Chief Counsel, Social Security Administration 12 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 13 Seattle, WA 98104-7075 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 3:17-cv-08022-JZB Document 17 Filed 07/19/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Defendant’s Motion for Extension of 3 4 Time was filed with the Clerk of the Court on July 19, 2017, using the CM/ECF 5 system, which will send notification of such filing to the following: Howard D. 6 Olinsky. 7 8 9 s/Leisa A. Wolf LEISA A. WOLF 10 Special Assistant U.S. Attorney 11 Office of the General Counsel 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Text of Proposed Order

Case 3:17-cv-08022-JZB Document 17-1 Filed 07/19/17 Page 1 of 1 1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Gerri Gideon, No. CV-3:17-CV-8022-PCT-JZB 5 Plaintiff, 6 ORDER GRANTING MOTION FOR vs. 7 EXTENSION OF TIME 8 Nancy A. Berryhill, Acting Commissioner of Social Security, 9 10 Defendant. 11 After considering the Defendant’s Motion for Extension of Time to file 12 13 Defendant’s response to Plaintiff’s opening brief, and that Plaintiff’s counsel has been 14 contacted and has indicated no objection regarding this motion, it is hereby: 15 16 ORDERED that an extension, to and including September 1, 2017, is granted. 17 IT IS SO ORDERED this _________ day of, 2017. 18 19 20 21 22 23 24 25 26 27 28

DECLARATION of Leisa A. Wolf re: {{17}} First MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Nancy A Berryhill.

Case 3:17-cv-08022-JZB Document 18 Filed 07/19/17 Page 1 of 3 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Leisa A. Wolf 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA23206 8 Fax: (206) 615-2531 leisa.wolf@ssa.gov 9 Telephone: (206) 615-3621 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gerri Gideon, No. CV-3:17-CV-8022-PCT-JZB 14 15 Plaintiff, 16 DECLARATION OF vs. LEISA A. WOLF 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 I, Leisa A. Wolf, declare as follows: 22 1. I am an Assistant Regional Counsel in Seattle, Washington, and Special Assistant 23 U.S. Attorney with the Social Security Administration, Office of the General 24 25 Counsel, in Seattle, Washington, and counsel for the Commissioner in the above-26 captioned case. I make this Declaration in support of the Commissioner’s 27 Unopposed Motion to Amend the Scheduling Order. 28 Case 3:17-cv-08022-JZB Document 18 Filed 07/19/17 Page 2 of 3 1 2. Defendant’s response to Plaintiff’s brief is due to be filed with this Court on 2 August 2, 2017. 3 3. I will be on scheduled leave from July 20, 2017 through August 4, 2017. 4 5 4. Upon review of Plaintiff’s brief and the transcript, I require more time in order to 6 consult with my client and possibly Plaintiff regarding settlement options in this 7 case and to file a responsive brief absent settlement. Given these potential timing 8 issues, I am requesting a 30-day extension in which to file Defendant’s response to 9 10 Plaintiff’s Opening Brief, to September 1, 2017. 11 5. Plaintiff’s counsel’s office informed me that they have no objection to my 12 proposed extension. 13 14 Executed this 19th day of July 2017. 15 s/Leisa A. Wolf 16 LEISA A. WOLF Special Assistant U.S. Attorney 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 3:17-cv-08022-JZB Document 18 Filed 07/19/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Declaration of Leisa A. Wolf was filed 3 4 with the Clerk of the Court on July 19, 2017, using the CM/ECF system, which 5 will send notification of such filing to the following: Howard D. Olinsky. 6 7 s/Leisa A. Wolf 8 LEISA A. WOLF 9 Special Assistant U.S. Attorney Office of the General Counsel 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

ORDER - IT IS ORDERED that the Motion for Extension of Time (Doc. {{17}}) is granted. IT IS FURTHER ORDERED that Defendant shall have up to, and including, September 1, 2017 to file a response to Plaintiff's Opening Brief. Signed by Magistrate Judge John Z Boyle on 7/25/17.

Case 3:17-cv-08022-JZB Document 19 Filed 07/25/17 Page 1 of 1 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gerri Gideon, No. CV-17-08022-PCT-JZB 10 Plaintiff, ORDER 11 v. 12 Nancy A Berryhill, 13 Defendant. 14 15 16 The Court having reviewed Defendant’s first Motion for Extension of Time (Doc. 17 17), Plaintiff having no objection, and good cause appearing, 18 IT IS ORDERED that the Motion for Extension of Time (Doc. 17) is granted. 19 IT IS FURTHER ORDERED that Defendant shall have up to, and including, 20 September 1, 2017 to file a response to Plaintiff’s Opening Brief. 21 Dated this 25th day of July, 2017. 22 23 24 Honorable John Z. Boyle United States Magistrate Judge 25 26 27 28

First MOTION to Remand to Social Security Stipulated by Commissioner of Social Security Administration.

Case 3:17-cv-08022-JZB Document 20 Filed 09/01/17 Page 1 of 2 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Leisa A. Wolf 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA23206 8 Fax: (206) 615-2531 leisa.wolf@ssa.gov 9 Telephone: (206) 615-3621 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gerri Gideon, 14 No. CV-17-8022-PCT-JZB 15 Plaintiff, 16 STIPULATED MOTION FOR vs. REMAND 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 The parties, acting through their respective counsel, hereby stipulate and agree that 22 the above-captioned case be reversed and remanded for further administrative 23 proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). 24 25 On remand, an administrative law judge (ALJ) shall offer Plaintiff an opportunity for a 26 new hearing, further develop the record, and issue a new decision. The ALJ shall also: 27 28 Case 3:17-cv-08022-JZB Document 20 Filed 09/01/17 Page 2 of 2 1 • Reevaluate the medical evidence of record giving legally sufficient reasons, in particular, to the medical opinion from Karen Schnute, M.D., and other state 2 agency consultants, as needed; 3 • Address the need for a cane to ambulate; • Reassess Plaintiff’s RFC; 4 • Reassess step five with supplemental vocational evidence. 5 The parties agree that reasonable attorney fees will be awarded under the Equal 6 7 Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court. 8 DATED this 1st day of September 2017. 9 Respectfully submitted, 10 s/Leisa A. Wolf 11 LEISA A. WOLF 12 Special Assistant United States Attorney 13 DATED this 1st day of September 2017. 14 15 s/Leisa A. Wolf for 16 HOWARD D OLINSKY Attorney for Plaintiff 17 (Per Authorization) 18 19 CERTIFICATE OF SERVICE 20 21 I hereby certify that the foregoing Stipulated Motion for Remand was filed 22 with the Clerk of the Court on September 1, 2017, using the CM/ECF system, 23 which will send notification of such filing to the following: Howard D Olinsky. 24 25 26 s/Timothy Shaw TIMOTHY SHAW 27 Paralegal Specialist Office of the General Counsel 28 2

Text of Proposed Order

Case 3:17-cv-08022-JZB Document 20-1 Filed 09/01/17 Page 1 of 1 1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Gerri Gideon, No. CV-17-8022-PCT-JZB 5 Plaintiff, 6 ORDER vs. 7 8 Nancy A. Berryhill, Acting Commissioner of Social Security, 9 10 Defendant. 11 Based on the stipulation of the parties, it is ORDERED that the case be 12 REVERSED and REMANDED for further administrative proceedings including a de 13 14 novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, an 15 administrative law judge (ALJ) shall offer Plaintiff an opportunity for a new hearing, 16 further develop the record, and issue a new decision. The ALJ shall also: 17 18 • Reevaluate the medical evidence of record giving legally sufficient reasons, in particular, to the medical opinion from Karen Schnute, M.D., and other 19 state agency consultants, as needed; 20 • Address the need for a cane to ambulate; • Reassess Plaintiff’s RFC; 21 • Reassess step five with supplemental vocational evidence. 22 The parties agree that reasonable attorney fees will be awarded under the Equal 23 Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court. 24 25 IT IS SO ORDERED this _________ day of, 2017. 26 27 28

ORDER granting the parties' {{20}} Stipulated Motion to Remand; FURTHER ORDERED that the case be REVERSED and REMANDED for further administrative proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, an administrative law judge shall offer Plaintiff an opportunity for a new hearing, further develop the record, and issue a new decision. See document for complete details. Signed by Magistrate Judge John Z Boyle on 9/18/2017.

Case 3:17-cv-08022-JZB Document 21 Filed 09/18/17 Page 1 of 2 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gerri Gideon, No. CV-17-08022-PCT-JZB 10 Plaintiff, ORDER 11 v. 12 Nancy A Berryhill, et al., 13 Defendants. 14 15 16 Pending before the Court is the parties’ "Stipulated Motion for Remand." (Doc. 17 20.) In the Stipulated Motion the parties state that they "stipulate and agree that the 18 above-captioned case be reversed and remanded for further administrative proceedings 19 including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g)." (Id.) 20 Finding good cause appearing, 21 IT IS ORDERED: 22 1. The Stipulated Motion (Doc. 20) is granted. 23 2. That the case be REVERSED and REMANDED for further administrative 24 proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). 25 On remand, an administrative law judge (ALJ) shall offer Plaintiff an opportunity for a 26 new hearing, further develop the record, and issue a new decision. The ALJ shall also: 27 28 Case 3:17-cv-08022-JZB Document 21 Filed 09/18/17 Page 2 of 2 1  Reevaluate the medical evidence of record giving legally sufficient reasons, in 2 particular, to the medical opinion from Karen Schnute, M.D., and other state 3 agency consultants, as needed; 4  Address the need for a cane to ambulate; 5  Reassess Plaintiff’s RFC; 6  Reassess step five with supplemental vocational evidence. 7 The parties agree that reasonable attorney fees will be awarded under the Equal 8 Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court. 9 Dated this 18th day of September, 2017. 10 11 12 Honorable John Z. Boyle United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-2-

CLERK'S JUDGMENT - Pursuant to the Court's Order filed September 18, 2017, and the parties' Stipulated Motion having been granted, the decision of the Commissioner of Social Security is reversed, and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.

Case 3:17-cv-08022-JZB Document 22 Filed 09/18/17 Page 1 of 1 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gerri Gideon, NO. CV-17-08022-PCT-JZB 10 Plaintiff, JUDGMENT IN A CIVIL CASE 11 v. 12 Nancy A Berryhill, et al., 13 Defendants. 14 15 Decision by Court. This action came for consideration before the Court. The 16 issues have been considered and a decision has been rendered. 17 IT IS ORDERED AND ADJUDGED that pursuant to the Court’s Order filed 18 September 18, 2017, and the parties’ Stipulated Motion having been granted, the decision 19 of the Commissioner of Social Security is reversed, and this case is remanded to the 20 Social Security Administration for further proceedings consistent with the Order. 21 Brian D. Karth District Court Executive/Clerk of Court 22 23 September 18, 2017 s/A. Duran 24 By Deputy Clerk 25 26 27 28

AFFIDAVIT in Support re: [23] Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Gerri Gideon.

1 Howard D. Olinsky 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:2044865 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gerri Gideon 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gerri Gideon, 13 14 Plaintiff, Civil No. 3-17-cv-08022-JZB 15 16 vs. Attorney's affirmation in support of 17 Fees Pursuant to the Equal Access to 18 Nancy A. Berryhill, Acting Justice Act, 28 U.S.C. § 2412 19 Commissioner of Social Security, 20 Defendant 21 22 Attorney's Affirmation in Support of Fees Pursuant to the Equal Access to 23 Justice Act, 28 U.S.C. § 2412 ________________________________________ 24 25 Howard D. Olinsky, being duly sworn deposes and states: 26 27 1. I am an attorney licensed to practice law in the State of New York, 28 admitted to practice pro hac vice before this Court. Page 4 1 2. I make this affirmation knowing that the Court will rely upon it in 2 assessing any awards under the Equal Access to Justice Act. 28 U.S.C.A. § 2412. 3 4 3. There are no special circumstances in this case which make an award 5 under the EAJA unjust. 6 4. The Court ordered on September 18, 2017 that the above-entitled 7 8 case be remanded for further administrative proceedings, under the fourth sentence 9 of 42 U.S.C.A. § 405(g) (West). 10 5. For the Equal Access to Justice Act, I am requesting an hourly rate 11 of $192.68 for attorney time through 2017. See generally, 12 13 http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039 U.S.C.A 9th 14 Circuit EAJA Table. If attorney fees are calculated at this rate for 29.9 hours of 15 work performed in 2016 and 2017 they total $5,568.45. 16 17 6. I am also requesting $100.00 per hour for 8.9 hours of paralegal time 18 equaling $890.00. I am requesting $6,651.13 for Counsel Fees which include 19 attorney and paralegal time. 20 21 7. The time accounting is presented to the court in two fashions. 22 Exhibit A is the time spent by all who worked on this case in chronological 23 sequence. Exhibit B is broken down by attorneys. The attorneys involved in this 24 25 case are Howard D. Olinsky, Esq., Edward A. Wicklund., Nathaniel V. Riley, 26 Esq., and Amanda Haasz, Esq. Exhibit C is broken down by paralegals. The 27 paralegals involved in this case are Shannon Persse, Michelle Callahan, Jonnah 28 Page 5 1 Graser, Kyrsten Gifford, Michael Smith, Vincent Wisehoon, Brandy Pought and 2 Tamica Lockwood. 3 4 8. I am requesting reimbursement of expenses of $17.67 for Certified 5 Mail for the summons and complaint to the defendant's office's as shown on 6 Exhibit D. The Supreme Court has clarified that only the items specifically listed 7 8 in 28 U.S.C. §1920 are compensable as costs. See Crawford Fitting Co. v. J. T. 9 Gibbons, Inc., 482 U.S. 437, 107 S. Ct. 2494, 96 L. Ed. 2d 385 (1987). 28 10 U.S.C.A. § 1920 (West) provides: 11 A judge or clerk of any court of the United States may tax as costs the 12 13 following: 14 a.) fees of the clerk and marshal; 15 b.) fees of the court reporter for all or any part of the stenographic transcript 16 17 necessarily obtained for use in the case; 18 c.) fees and disbursements for printing and witnesses; 19 d.) fees for exemplification and copies of papers necessarily obtained for 20 21 use in the case; 22 e.) docket fees under section 1923 of this title; 23 f.) compensation of court appointed experts, compensation of interpreters, 24 25 and salaries, fees, expenses, and costs of special interpretation services under 26 section 1828 of this title. 27 28 Page 6 1 The postage fee to serve process by certified mail is reimbursable as an 2 "expense." 3 4 9. The attached records were contemporaneously created and stored in 5 the firm's Prevail Database, and are printed out and attached. The itemized time 6 represents hours spent preparing and handling this case for U.S. District Court. 7 8 Clerical time is not included in this petition or has been zeroed out. 9 Waiver of Direct Payment of EAJA Fees 10 10. Attached is an Affidavit and Waiver of Direct Payment duly 11 executed by the plaintiff (Exhibit E). With this Waiver, if Plaintiff owes a debt 12 13 that qualifies under the Treasury Offset Program (31 U.S.C.A. § 3716 (West)), any 14 payment shall be made payable to the Plaintiff and delivered to the Plaintiff's 15 attorney. If the United States Department of Treasury determines that Plaintiff 16 17 owes no debt subject to offset, the government may accept the assignment of 18 EAJA fees and pay such fees directly to the Plaintiff's attorney. Astrue v. Ratliff, 19 560 U.S. 586, 130 S. Ct. 2521, 177 L. Ed. 2d 91 (2010). 20 21 22 WHEREFORE, because all four elements of an allowable application for 23 EAJA fees have been proven, petitioner requests that the Court issue an order: 24 25 1. Awarding an Equal Access to Justice Act Counsel Fee for $6,651.13; 26 and 27 2. Awarding Expenses in the amount of $17.67; and 28 Page 7 1 3. If the Plaintiff has no debt registered with the Department of Treasury 2 subject to offset that the fees be made payable to the attorney. 3 4 5 Executed this December 13, 2017 6 Respectfully submitted, 7 /s/ Howard D. Olinsky 8 Howard D. Olinsky, Esq. 9 Admitted Pro Hac Vice Attorney for Plaintiff 10 Email: fedct@windisability.com 11 To: Elizabeth Strange, Esq. 12 Acting United States Attorney 13 Leisa A. Wolf, Esq. 14 Special Assistant United States Attorney 15 Office of the General Counsel Social Security Administration 16 701 Fifth Avenue, Suite 2900 M/S 221A 17 Seattle, WA 98104-7075 State Bar No. WA23206 18 Telephone: (206) 615-3621 19 Facsimile: (206) 615-2531 Email: leisa.wolf@ssa.gov 20 21 Attorneys for Defendant 22 23 24 25 26 27 28 Page 8

Exhibit A All Professional Time

Exhibit A Ledger Gideon, Gerri Date  Subject Hours Timekeeper 12/21/2016 Files received, reviewed and processed from referral source for Attorney review 0.6 Gifford, Kyrsten 12/21/2016 Correspondence to Client re: Prospect acknowledgment letter mailed 0.2 Gifford, Kyrsten 12/27/2016 Telephone call with Client re: Debt conference call, explained process 0.4 Pought, Brandy 1/23/2017 Review decisions and evidence to determine whether to appeal case 1 Olinsky, Howard D. 1/27/2017 FDC prospect packet prepared for Client completion 0.6 Lockwood, Tamica 2/2/2017 FDC prospect packet sent to Client via Right Signature 0.2 Lockwood, Tamica 2/2/2017 Telephone call with Client re: Assistance with in forma pauperis application 0.4 Lockwood, Tamica 2/3/2017 FDC prospect packet returned via Right Signature, reviewed for completion 0.3 Lockwood, Tamica 2/9/2017 Draft Complaint, Proposed Summons, Letter to Clerk, and Civil Cover Sheet 0.6 Olinsky, Howard D. 2/9/2017 Review motion to proceed in forma pauperis, approve for filing 0.2 Olinsky, Howard D. 2/10/2017 Review case assigned Hon. Steven P. Long, research individual rules & practices 0.3 Olinsky, Howard D. 2/10/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Smith, Michael P. 2/10/2017 Draft application for Pro Hac Vice admission 0 Olinsky, Howard D. 2/13/2017 Review order granting In Forma Pauperis application, directing service 0.1 Olinsky, Howard D. 2/13/2017 Review issued summons 0.2 Olinsky, Howard D. 2/13/2017 Review scheduling order, calender deadlines on task pad 0.3 Olinsky, Howard D. 2/17/2017 Review order granting pro hac vice admission 0 Olinsky, Howard D. 2/28/2017 Federal Court-Service of Process-prepare service packets USAO, OGC, AG 0.6 Callahan, Michelle 3/8/2017 Compile and file proof of service via CM / ECF 0.3 Callahan, Michelle 3/8/2017 Review service executed, confirm scheduling order calendared 0.2 Olinsky, Howard D. 4/19/2017 Review notice of appearance Leisa Wolf o/b/o Carolyn Colvin 0.1 Olinsky, Howard D. 5/3/2017 Review answer to complaint 0.1 Olinsky, Howard D. 5/4/2017 Combine, strip PDF/A, OCR and live bookmark federal court transcript (1604 pgs) 1 Vincent Wisehoon 5/5/2017 Preliminary review of transcript - assign Attorney writer 0.5 Olinsky, Howard D. 5/12/2017 Review and execute magistrate consent form 0.1 Olinsky, Howard D. 5/16/2017 Email to Opposing Counsel re: Magistrate Jurisdiction 0.1 Lockwood, Tamica 5/17/2017 Continued emails with Opposing Counsel re: Magistrate Jurisdiction 0.1 Lockwood, Tamica 5/25/2017 Review consent to magistrate; Judge John Z. Boyle assigned, update case number 0.1 Olinsky, Howard D. 6/28/2017 Review certified administrative record and take notes (1604 pages) 6.5 Haasz, Amanda 6/29/2017 Continue reviewing certified administrative record, take notes, organize facts 4.7 Haasz, Amanda 6/30/2017 Drafting procedural section, drafting facts 5 Haasz, Amanda 7/2/2017 Research issues and drafting argument 6.5 Haasz, Amanda 7/3/2017 Senior Attorney review draft brief, suggest edits 1.1 Wicklund, Edward A. 7/3/2017 Implement suggested edits, finalize and file brief (n/c for filing) 0.7 Haasz, Amanda 7/18/2017 Emails with Opposing Counsel re: Extension request re: Defendant brief 0.2 Riley, Nathaniel 7/19/2017 Review first motion for extension request by Defendant 0.1 Olinsky, Howard D. 7/19/2017 Review declaration of Leisa A. Wolf re: extension of time to file brief 0.1 Olinsky, Howard D. 37.90 (Client = Ms. Gerri Gideon) and (Type = Time)    Date  Subject Hours Timekeeper 7/26/2017 Review order granting Defendant extension, update task pad 0.2 Olinsky, Howard D. 8/28/2017 Emails with Opposing Counsel re: Remand negotiations 0.2 Olinsky, Howard D. 9/1/2017 Review motion to remand, terms as agreed 0.1 Olinsky, Howard D. 9/19/2017 Review order granting motion to remand 0.1 Olinsky, Howard D. 9/19/2017 Review judgment in favor of Gerri Gideon 0.1 Olinsky, Howard D. 9/20/2017 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 9/20/2017 Federal Court-Remand Referral back to Referral Source 0.3 Graser, Jonnah 12/6/2017 EAJA Preparation 1.5 Persse, Shannon 12/6/2017 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 12/7/2017 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Persse, Shannon 37.9 37.90 (Client = Ms. Gerri Gideon) and (Type = Time)   

Exhibit B Attorney Time

Exhibit B Ledger Gideon, Gerri Date  Subject Hours Timekeeper 1/23/2017 Review decisions and evidence to determine whether to appeal case 1 Olinsky, Howard D. 2/9/2017 Draft Complaint, Proposed Summons, Letter to Clerk, and Civil Cover Sheet 0.6 Olinsky, Howard D. 2/9/2017 Review motion to proceed in forma pauperis, approve for filing 0.2 Olinsky, Howard D. 2/10/2017 Review case assigned Hon. Steven P. Long, research individual rules & practices 0.3 Olinsky, Howard D. 2/10/2017 Draft application for Pro Hac Vice admission 0 Olinsky, Howard D. 2/13/2017 Review order granting In Forma Pauperis application, directing service 0.1 Olinsky, Howard D. 2/13/2017 Review issued summons 0.2 Olinsky, Howard D. 2/13/2017 Review scheduling order, calender deadlines on task pad 0.3 Olinsky, Howard D. 2/17/2017 Review order granting pro hac vice admission 0 Olinsky, Howard D. 3/8/2017 Review service executed, confirm scheduling order calendared 0.2 Olinsky, Howard D. 4/19/2017 Review notice of appearance Leisa Wolf o/b/o Carolyn Colvin 0.1 Olinsky, Howard D. 5/3/2017 Review answer to complaint 0.1 Olinsky, Howard D. 5/5/2017 Preliminary review of transcript - assign Attorney writer 0.5 Olinsky, Howard D. 5/12/2017 Review and execute magistrate consent form 0.1 Olinsky, Howard D. 5/25/2017 Review consent to magistrate; Judge John Z. Boyle assigned, update case number 0.1 Olinsky, Howard D. 6/28/2017 Review certified administrative record and take notes (1604 pages) 6.5 Haasz, Amanda 6/29/2017 Continue reviewing certified administrative record, take notes, organize facts 4.7 Haasz, Amanda 6/30/2017 Drafting procedural section, drafting facts 5 Haasz, Amanda 7/2/2017 Research issues and drafting argument 6.5 Haasz, Amanda 7/3/2017 Senior Attorney review draft brief, suggest edits 1.1 Wicklund, Edward A. 7/3/2017 Implement suggested edits, finalize and file brief (n/c for filing) 0.7 Haasz, Amanda 7/18/2017 Emails with Opposing Counsel re: Extension request re: Defendant brief 0.2 Riley, Nathaniel 7/19/2017 Review first motion for extension request by Defendant 0.1 Olinsky, Howard D. 7/19/2017 Review declaration of Leisa A. Wolf re: extension of time to file brief 0.1 Olinsky, Howard D. 7/26/2017 Review order granting Defendant extension, update task pad 0.2 Olinsky, Howard D. 8/28/2017 Emails with Opposing Counsel re: Remand negotiations 0.2 Olinsky, Howard D. 9/1/2017 Review motion to remand, terms as agreed 0.1 Olinsky, Howard D. 9/19/2017 Review order granting motion to remand 0.1 Olinsky, Howard D. 9/19/2017 Review judgment in favor of Gerri Gideon 0.1 Olinsky, Howard D. 12/6/2017 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 29.9 29.90 (Client = Ms. Gerri Gideon) and (Type = Time) and ((Timekeeper = Haasz, Amanda) or (Timekeeper = Olinsky, Howard D.) or (Timeke...   

Exhibit C Paralegal Time

Exhibit C Ledger Gideon, Gerri Date  Subject Hours Timekeeper 12/21/2016 Files received, reviewed and processed from referral source for Attorney review 0.6 Gifford, Kyrsten 12/21/2016 Correspondence to Client re: Prospect acknowledgment letter mailed 0.2 Gifford, Kyrsten 12/27/2016 Telephone call with Client re: Debt conference call, explained process 0.4 Pought, Brandy 1/27/2017 FDC prospect packet prepared for Client completion 0.6 Lockwood, Tamica 2/2/2017 FDC prospect packet sent to Client via Right Signature 0.2 Lockwood, Tamica 2/2/2017 Telephone call with Client re: Assistance with in forma pauperis application 0.4 Lockwood, Tamica 2/3/2017 FDC prospect packet returned via Right Signature, reviewed for completion 0.3 Lockwood, Tamica 2/10/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Smith, Michael P. 2/28/2017 Federal Court-Service of Process-prepare service packets USAO, OGC, AG 0.6 Callahan, Michelle 3/8/2017 Compile and file proof of service via CM / ECF 0.3 Callahan, Michelle 5/4/2017 Combine, strip PDF/A, OCR and live bookmark federal court transcript (1604 pgs) 1 Vincent Wisehoon 5/16/2017 Email to Opposing Counsel re: Magistrate Jurisdiction 0.1 Lockwood, Tamica 5/17/2017 Continued emails with Opposing Counsel re: Magistrate Jurisdiction 0.1 Lockwood, Tamica 9/20/2017 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 9/20/2017 Federal Court-Remand Referral back to Referral Source 0.3 Graser, Jonnah 12/6/2017 EAJA Preparation 1.5 Persse, Shannon 12/7/2017 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Persse, Shannon 88.00 (Client = Ms. Gerri Gideon) and (Type = Time) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Gifford, Kyrsten) or (Timekee...   

Exhibit D Expenses

Exhibit D Ledger Gideon, Gerri Am Date 2 / 28 / 2017 Subject Certified mail expense Summons and Complaint packets to Defendants Timekeeper $ 17. 67 Callahan, Michelle $ 17. 67

Exhibit E Affirmation and Waiver of Direct Payment of EAJA Fees

Exhibit E UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA -------------------------------------------------------------- MS. GERRI BEATRICE GIDEON, AFFIRMATION AND WAIVER OF DIRECT PAYMENT Plaintiff, OF EAJA FEES v. Civil Action No.: _________________ CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, Defendant. --------------------------------------------------------------- Ms. Gerri Beatrice Gideon, 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 January 27, 2017. __________________________ Ms. Gerri Beatrice Gideon Plaintiff

Memorandum in Support

1 Howard D. Olinsky 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:2044865 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gerri Gideon 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gerri Gideon, 13 14 Plaintiff, Civil No. 3-17-cv-08022-JZB 15 16 vs. MEMORANDUM IN SUPPORT OF 17 PLAINTIFF'S PETITION FOR 18 Nancy A. Berryhill, Acting COUNSEL FEES ALLOWANCE Commissioner of Social Security, UNDER EQUAL ACCESS TO 19 JUSTICE ACT, 28 U.S.C. § 2412 20 Defendant 21 22 Memorandum in Support of Plaintiff's Petition for Counsel Fees 23 Allowance Under Equal Access to Justice Act 24 1. This is a memorandum in support of a petition for an award of 25 Counsel Fees under the Equal Access to Justice Act 28 U.S.C.A. § 2412 "EAJA." 26 27 28 Page 9 1 2. An EAJA award is available to a "prevailing party" in a case against 2 the Federal Government, including Social Security cases, in the following 3 4 instances: 5 (a) When and if the plaintiff actually "prevails"; 6 (b) The Government's position in litigation is "not substantially 7 8 justified"; 9 (c) Plaintiff is a party whose net assets are worth less than two 10 million dollars; and 11 (d) The case has concluded with a "final order" which is non- 12 13 appealable, or will not be appealed. 14 3. Addressing these elements in reverse order, it is clear that the 15 Plaintiff has met the burden necessary to receive EAJA fees. 16 17 (a) Plaintiff's net worth did not exceed $2,000,000.00 when this 18 action was filed. 19 (b) After service of the summons and complaint, and filing of 20 21 brief by the Plaintiff, parties filed a stipulation to remand, the Court issued a 22 Decision and Order remanding to the Commissioner for further administrative 23 proceedings under sentence four 42 U.S.C.A. § 405(g). 24 25 (c) Judgment was entered on September 18, 2017. The Judgment 26 has not been appealed. 27 (d) Plaintiff has prevailed because the District Court remanded 28 Page 10 1 the case under sentence four of 42 U.S.C.A. § 405(g). Shalala v. Schaefer, 509 2 U.S. 292, 113 S. Ct. 2625, 125 L. Ed. 2d 239 (1993). 3 4 4. The commissioner was not substantially justified. As the U. S. 5 Supreme Court has held, "the required 'not substantially justified' allegation imposes no 6 proof burden on the fee applicant. It is, as its text conveys, nothing more than an 7 8 allegation or pleading requirement. The burden of establishing 'that the position of the 9 United States was substantially justified' … must be shouldered by the Government." 10 Scarborough v. Principi, 541 U.S. 401, 124 S. Ct. 1856, 158 L. Ed. 2d 674 (2004) 11 While the fee applicant such as Plaintiff is required to "show" three of the 12 13 four elements—prevailing party status, financial eligibility, and amount sought— 14 Plaintiff need only "to allege" that the position of the government is not 15 substantially justified. Id. 16 17 WHEREFORE, because all four elements of an allowable application for 18 EAJA fees have been proven, petitioner requests that the Court issue an order: 19 20 1. Awarding an Equal Access to Justice Act Counsel Fee for $6,651.13; 21 and 22 2. Awarding Expenses in the amount of $17.67; and 23 3. If the Plaintiff has no debt registered with the Department of Treasury 24 25 subject to offset that the fees be made payable to the attorney. 26 27 28 Page 11 1 Executed this December 13, 2017 2 3 Respectfully submitted, 4 /s/ Howard D. Olinsky 5 Howard D. Olinsky, Esq. 6 Admitted Pro Hac Vice Attorney for Plaintiff 7 Email: fedct@windisability.com 8 To: Elizabeth Strange, Esq. 9 Acting United States Attorney 10 Leisa A. Wolf, Esq. 11 Special Assistant United States Attorney Office of the General Counsel 12 Social Security Administration 13 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 14 State Bar No. WA23206 15 Telephone: (206) 615-3621 Facsimile: (206) 615-2531 16 Email: leisa.wolf@ssa.gov 17 Attorneys for Defendant 18 19 20 21 22 23 24 25 26 27 28 Page 12

Certificate of Service

1 Howard D. Olinsky 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:2044865 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gerri Gideon 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gerri Gideon, 13 14 Plaintiff, Civil No. 3-17-cv-08022-JZB 15 vs. CERTIFICATE OF SERVICE 16 17 18 Nancy A. Berryhill, Acting 19 Commissioner of Social Security, 20 Defendant 21 22 Certificate of Service 23 I certify that I have electronically moved for EAJA fees with the Clerk of 24 25 the District Court using the CM/ECF system, which sent notification of such filing 26 to: 27 28 Page 15 1 To: Elizabeth Strange, Esq. 2 Acting United States Attorney 3 Leisa A. Wolf, Esq. Special Assistant United States Attorney 4 Office of the General Counsel 5 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 6 Seattle, WA 98104-7075 7 State Bar No. WA23206 Telephone: (206) 615-3621 8 Facsimile: (206) 615-2531 9 Email: leisa.wolf@ssa.gov 10 11 Attorneys for Defendant 12 13 December 13, 2017 14 /s/ Howard D. Olinsky 15 Howard D. Olinsky, Esq. 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 16

Statement pursuant to Local Rule 54.2 (d) (1)

1 Howard D. Olinsky 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:2044865 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gerri Gideon 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gerri Gideon, 13 14 Plaintiff, Civil No. 3-17-cv-08022-JZB 15 16 vs. CERTIFICATE OF LOCAL RULE 17 54.2 (D) (1) 18 Nancy A. Berryhill, Acting 19 Commissioner of Social Security, 20 Defendant 21 22 Certificate of Local Rule 54.2 (D) (1) 23 I certify that I have conferred with Counsel for Defendant via emails on 24 25 December 7, 2017 regarding Plaintiff's Motion for Attorney's Fees Pursuant to 26 the Equal Access to Justice Act. Opposing counsel consents to Plaintiff's request. 27 28 To: Elizabeth Strange, Esq. Page 13 1 Acting United States Attorney 2 Leisa A. Wolf, Esq. 3 Special Assistant United States Attorney Office of the General Counsel 4 Social Security Administration 5 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 6 State Bar No. WA23206 7 Telephone: (206) 615-3621 Facsimile: (206) 615-2531 8 Email: leisa.wolf@ssa.gov 9 10 Attorneys for Defendant 11 12 December 13, 2017 13 /s/ Howard D. Olinsky 14 Howard D. Olinsky, Esq. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 14

Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Gerri Gideon.

1 Howard D. Olinsky 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:2044865 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gerri Gideon 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gerri Gideon, 13 14 Plaintiff, Civil No. 3-17-cv-08022-JZB 15 16 vs. MOTION FOR ATTORNEY'S 17 FEES PURSUANT TO THE 18 Nancy A. Berryhill, Acting EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ACT, 28 U.S.C.A. § 2412 (WEST) 19 20 Defendant 21 22 PLAINTIFF'S MOTION FOR ATTORNEY'S FEES PURSUANT TO THE 23 EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C.A. § 2412 (WEST) 24 25 COUNSEL: 26 PLEASE TAKE NOTICE that upon the annexed affirmation of Howard 27 D. Olinsky, attorney for the plaintiff, and other papers, the plaintiff will make a 28 Page 1 1 motion before Hon. Susan R. Bolton, at Sandra Day O'Connor U.S. Courthouse, 2 Suite 522, 401 West Washington Street, SPC 50, Phoenix, AZ 85003 on a date to 3 4 be set by the court, for an order: 5 1. Awarding an Equal Access to Justice Act Counsel Fee for $6,651.13, and 6 7 2. Awarding Expenses in the amount of $17.67; and 8 3. If the Plaintiff has no debt registered with the Department of Treasury 9 subject to offset that the fees be made payable to the attorney. 10 11 Plaintiff, by her attorney, Howard D. Olinsky moves the court for an award to be 12 13 paid by the Defendant under the Equal Access to Justice Act, 28 U.S.C.A. § 2412. 14 15 Plaintiff may receive an award under the Equal Access to Justice Act because she 16 17 is the prevailing party, is an individual whose net worth did not exceed two 18 million dollars when the action was filed, and the position of the United States in 19 this litigation and/or at the agency was not substantially justified. Although the 20 21 burden of proof on substantial justification is on the government, Plaintiff's 22 supporting memorandum briefly addresses this issue. 23 24 25 There are no special circumstances in this case which make an award under the 26 EAJA unjust. 27 28 Page 2 1 This motion is supported by an affirmation of Plaintiff's attorney, attached time 2 and cost records and an Affidavit and Waiver of Direct Payment by the plaintiff. 3 4 5 Executed this December 13, 2017 6 Respectfully submitted, 7 8 /s/ Howard D. Olinsky Howard D. Olinsky, Esq. 9 Admitted Pro Hac Vice 10 Attorney for Plaintiff Email: fedct@windisability.com 11 12 To: Elizabeth Strange, Esq. Acting United States Attorney 13 Leisa A. Wolf, Esq. 14 Special Assistant United States Attorney 15 Office of the General Counsel Social Security Administration 16 701 Fifth Avenue, Suite 2900 M/S 221A 17 Seattle, WA 98104-7075 State Bar No. WA23206 18 Telephone: (206) 615-3621 19 Facsimile: (206) 615-2531 Email: leisa.wolf@ssa.gov 20 21 Attorneys for Defendant 22 23 24 25 26 27 28 Page 3

Text of Proposed Order

1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 10 11 12 Gerri Gideon, Civil No. 3-17-cv-08022-JZB 13 Plaintiff, 14 15 vs. (PROPOSED) ORDER AWARDING ATTORNEY'S FEES 16 PURSUANT TO THE EQUAL 17 Nancy A. Berryhill, Acting ACCESS TO JUSTICE ACT, 18 Commissioner of Social Security, 28 U.S.C. § 2412(D) 19 Defendant 20 21 (Proposed) Order Awarding Attorney's Fees 22 pursuant to the Equal Access to Justice Act, 23 28 U.S.C. § 2412(d) 24 25 Before the Court is the Motion of Plaintiff Gerri Gideon, for award of 26 attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 27 Based on the pleadings as well as the position of the defendant commissioner, if 28 Page 1 1 any, and recognizing the Plaintiff's waiver of direct payment and assignment of 2 EAJA to her counsel, 3 4 5 IT IS HEREBY ORDERED that attorney fees in the total amount of Six 6 Thousand Six Hundred Fifty-One Dollars and Thirteen Cents ($6,651.13) pursuant 7 8 to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. 9 Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 10 11 IT IS FURTHER ORDERD that Plaintiff is awarded Seventeen Dollars and 12 13 Sixty-Seven Cents ($17.67) in expenses for Certified Mail for service of 14 Summons and Complaint. 15 16 17 If the U.S. Department of the Treasury determines that Plaintiff's EAJA 18 fees are not subject to offset allowed under the Department of the Treasury's 19 Offset Program (TOPS), then the check for EAJA fees shall be made payable to 20 21 Plaintiff's attorney, Howard D. Olinsky. 22 23 Whether the check is made payable to Plaintiff or to Howard D. Olinsky, 24 25 26 27 28 Page 2 1 the check shall be mailed to Howard D. Olinsky at the following address: 2 300 South State Street 3 Suite 420 4 Syracuse, NY 13202 5 6 DATED: 7 8 9 ____________________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3

ORDER granting Plaintiff's [23] Consent Motion for Attorney Fees. Awarding Plaintiff $6,651.13 in attorney's fees pursuant to the EAJA, and expenses in the amount of $17.67. See document for complete details. Signed by Magistrate Judge John Z Boyle on 1/8/2018.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gerri Gideon, No. CV-17-08022-PCT-JZB 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 Pending before the Court is Plaintiff's Consent Motion for Attorney Fees Pursuant 17 to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Doc. 23). In their 18 stipulated motion to remand the action, the parties agreed that reasonable attorney fees 19 were to be awarded pursuant to the EAJA. (Doc. 20.) Accordingly, 20 IT IS ORDERED: 21 1. Plaintiff's Motion for Attorneys' Fees (Doc. 23) is granted. 22 2. Awarding Plaintiff $6,651.13 in attorney's fees pursuant to the EAJA, and 23 expenses in the amount of $17.67. 24 3. That if, after receiving the Court's EAJA fee Order, the Commissioner 25 (1) determines upon effectuation of the Court's EAJA fee Order that Plaintiff does not 26 owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to 27 waive the requirements of the Anti-Assignment Act, the EAJA fees will be made payable 28 to Plaintiff's attorney. 1 However, if there is a debt owed under the Treasury Offset Program, the 2 Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, and 3 the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but 4 delivered to Plaintiff's attorney. 5 Dated this 8th day of January, 2018. 6 7 8 Honorable John Z. Boyle United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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Description
02/17/2017
PRO HAC VICE FEE PAID. $ 35, receipt number PHX182294 as to Howard D Olinsky. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
1
02/09/2017
COMPLAINT filed by Gerri Gideon (submitted by Howard Olinsky).
1
Civil Cover Sheet)(KGM
1 Attachment
2
02/09/2017
Additional Attachments to Main Document (letter) re: 1 Complaint by Plaintiff Gerri Gideon (submitted by Howard Olinsky).
3
02/09/2017
APPLICATION for Leave to Proceed In Forma Pauperis by Gerri Gideon (submitted by Howard Olinsky).
4
02/09/2017
SUMMONS Submitted by Gerri Gideon (submitted by Howard Olinsky).
1
Summons
2
Summons)(KGM
2 Attachments
5
02/09/2017
This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-17-08022-PCT-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
6
02/10/2017
MOTION for Admission Pro Hac Vice as to attorney Howard D. Olinsky by Gerri Gideon.
1
Letter to Clerk
1 Attachment
7
02/10/2017
ORDER granting 3 Motion for Leave to Proceed In Forma Pauperis. Plaintiff may proceed in forma pauperis without prepayment of costs or fees or the necessity of giving security. IT IS FURTHER ORDERED that Plaintiff shall be responsible for service by waiver or of the summons and complaint. Signed by Judge Steven P Logan on 2/10/17.
8
02/13/2017
Summons Issued as to Nancy A Berryhill, U.S. Attorney and U.S. Attorney General.
1
Summons
2
Summons)(BAS
2 Attachments
9
02/13/2017
SCHEDULING ORDER (See Order for details). Signed by Judge Steven P Logan on 2/13/17.
02/17/2017
PRO HAC VICE FEE PAID. $ 35, receipt number PHX182294 as to Howard D Olinsky. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
10
02/17/2017
ORDER pursuant to General Order 09-08 granting 6 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
11
03/08/2017
*SERVICE EXECUTED filed by Gerri Gideon: Return of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office on 3/2/17, Office of General Counsel on 3/2/17 and Attorney General on 3/3/2017. *Modified to correct service dates on 3/9/2017
12
04/18/2017
*NOTICE of Attorney Appearance/Substitution - USA by Leisa Wolf on behalf of Nancy A Berryhill. *Modified to correct event type on 4/18/2017
13
05/02/2017
ANSWER to 1 Complaint by Nancy A Berryhill.
14
05/02/2017
NOTICE of Filing Certified Copy of Administrative Transcript re: 13 Answer to Complaint filed by Nancy A Berryhill.
1
Certification Page
2
Court Transcript Index
3
Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable
4
Payment Documents and Decisions
5
Jurisdictional Documents and Notices
6
Non Disability Related Development
7
Disability Related Development Part 1
8
Disability Related Development Part 2
9
Medical Records Part 1
10
Medical Records Part 2
11
Medical Records Part 3
12
Medical Records Part 4
13
Medical Records Part 5
14
Medical Records Part 6
15
Medical Records Part 7
15 Attachments
15
05/24/2017
CONSENT TO MAGISTRATE JUDGE TRIAL. Magistrate Judge John Z Boyle added. Judge Steven P Logan no longer assigned to case. All further pleadings shall list the following case number: CV-17-8022-PHX-JZB. Signed by Judge Steven P Logan on 5/23/17.
16
07/03/2017
OPENING BRIEF by Gerri Gideon.
17
07/19/2017
First MOTION for Extension of Time to File Responsive Brief, Unopposed by Nancy A Berryhill.
1
Text of Proposed Order
1 Attachment
18
07/19/2017
DECLARATION of Leisa A. Wolf re: 17 First MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Nancy A Berryhill.
19
07/25/2017
ORDER - IT IS ORDERED that the Motion for Extension of Time (Doc. 17) is granted. IT IS FURTHER ORDERED that Defendant shall have up to, and including, September 1, 2017 to file a response to Plaintiff's Opening Brief. Signed by Magistrate Judge John Z Boyle on 7/25/17.
20
09/01/2017
First MOTION to Remand to Social Security Stipulated by Commissioner of Social Security Administration.
1
Text of Proposed Order
1 Attachment
21
09/18/2017
ORDER granting the parties' 20 Stipulated Motion to Remand; FURTHER ORDERED that the case be REVERSED and REMANDED for further administrative proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, an administrative law judge shall offer Plaintiff an opportunity for a new hearing, further develop the record, and issue a new decision. See document for complete details. Signed by Magistrate Judge John Z Boyle on 9/18/2017.
22
09/18/2017
CLERK'S JUDGMENT - Pursuant to the Court's Order filed September 18, 2017, and the parties' Stipulated Motion having been granted, the decision of the Commissioner of Social Security is reversed, and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.
23
12/13/2017
Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Gerri Gideon.
1
Text of Proposed Order
1 Attachment
24
12/13/2017
AFFIDAVIT in Support re: [23] Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Gerri Gideon.
1
Exhibit A All Professional Time
2
Exhibit B Attorney Time
3
Exhibit C Paralegal Time
4
Exhibit D Expenses
5
Exhibit E Affirmation and Waiver of Direct Payment of EAJA Fees
6
Memorandum in Support
7
Certificate of Service
8
Statement pursuant to Local Rule 54.2 (d) (1)
8 Attachments
25
01/08/2018
ORDER granting Plaintiff's [23] Consent Motion for Attorney Fees. Awarding Plaintiff $6,651.13 in attorney's fees pursuant to the EAJA, and expenses in the amount of $17.67. See document for complete details. Signed by Magistrate Judge John Z Boyle on 1/8/2018.
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