Kinnex v. Colvin
Court Docket Sheet

District of Arizona

3:2016-cv-08017 (azd)

ORDER - the Clerk shall seal the administrative record at Document [17]. Within 14 days of the date of this Order, Defendants shall refile a certified copy of the administrative record with pages 522-525 replaced with blank and numbered pages. Signed by Magistrate Judge David K Duncan on 1/20/17.

Case 3:16-cv-08017-DKD Document 20 Filed 01/20/17 Page 1 of 1 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Debra M. Kinnex, No. CV-16-8017-PCT-DKD 10 Plaintiff, 11 v. ORDER 12 Carolyn W. Colvin, Acting Commissioner of Social Security Administration, 13 Defendant. 14 15 16 On review of the administrative record, it appears that some of the medical records 17 were included by mistake. Accordingly, 18 IT IS ORDERED directing the Clerk of the Court to seal the administrative 19 record at Document 17. 20 IT IS FURTHER ORDERED that, within 14 days of the date of this Order, 21 Defendants shall refile a certified copy of the administrative record with pages 522-525 22 replaced with blank and numbered pages. 23 Dated this 20th day of January, 2017. 24 25 26 27 28

NOTICE of Filing Certified Copy of Administrative Transcript re: [16] Answer to Complaint, [20] Order filed by Commissioner of Social Security Administration.

Case 3:16-cv-08017-DKD Document 21 Filed 02/03/17 Page 1 of 2 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Gerald J. Hill 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. OR004891 8 Fax: (206) 615-2531 gerald.j.hill@ssa.gov 9 Telephone: (206) 615-2139 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Debra M. Kinnex, 14 No. CV-16-08017-PCT-DKD 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 Gerald J. Hill, 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 3:16-cv-08017-DKD Document 21 Filed 02/03/17 Page 2 of 2 1 DATED this 3rd day of February 2017. 2 3 Respectfully submitted, 4 ELIZABETH A. STRANGE 5 Acting United States Attorney District of Arizona 6 s/Gerald J. Hill 7 GERALD J. HILL 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 20 I hereby certify that the foregoing Notice of Filing Certified 21 Administrative/Transcript of Record was filed with the Clerk of the Court on 22 February 3, 2017, using the CM/ECF system, which will send notification of such 23 filing to 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 3:16-cv-08017-DKD Document 21-2 Filed 02/03/17 Page 1 of 3 Court Transcript Index Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 12/17/2015 1-7 7 AC Correspondence (ACCORR), dated 11/26/2014 8-14 7 Appointment of Representative (1696), dated 11/13/2014 15 1 Request for Review of Hearing Decision/Order (HA 520), dated 16-17 2 11/07/2014 ALJ Hearing Decision (ALJDEC), dated 10/22/2014 18-34 17 Transcript of Oral Hearing (TRANHR), dated 08/13/2014 35-77 43 Exhibits Exhibit No. of No. Description Page No. Pages 1A Disability Determination Transmittal, dated 03/29/2013 78 1 2A Disability Determination Transmittal, dated 03/29/2013 79 1 3A Disability Determination Explanation, dated 03/29/2013 80-88 9 4A Disability Determination Explanation, dated 03/29/2013 89-97 9 5A Disability Determination Transmittal, dated 09/27/2013 98 1 6A Disability Determination Transmittal, dated 09/27/2013 99 1 7A Disability Determination Explanation, dated 09/27/2013 100-110 11 8A Disability Determination Explanation, dated 09/27/2013 111-121 11 1B Appointment of Representative, dated 01/07/2013 122 1 2B Representative Fee Agreement, dated 01/07/2013 123 1 3B Personal Decision Notice, dated 03/29/2013 124-128 5 4B Personal Decision Notice, dated 03/29/2013 129-132 4 5B Request for Reconsideration, dated 05/13/2013 133-135 3 6B Personal Decision Notice, dated 09/27/2013 136-138 3 7B Personal Decision Notice, dated 09/27/2013 139-141 3 8B Request for Hearing by ALJ, dated 10/17/2013 142-144 3 9B Transfer Request for Hearing, dated 12/09/2013 145-150 6 10B Request for Hearing Acknowledgement Letter, dated 151-157 7 12/09/2013 11B Request for Hearing Acknowledgement Letter, dated 158-164 7 12/30/2013 12B Outgoing ODAR Correspondence, dated 02/11/2014 165-175 11 13B Claimant's Change of Address Notification, dated 03/24/2014 176 1 14B Report of Contact, dated 03/24/2014 177 1 15B Hearing Notice 178-198 21 16B Acknowledge Notice of Hearing, dated 05/28/2014 199 1 17B Acknowledge Notice of Hearing, dated 06/04/2014 200 1 18B Resume of Vocational Expert 201-202 2 DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:16-cv-08017-DKD Document 21-2 Filed 02/03/17 Page 2 of 3 Court Transcript Index Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 19B Representative Fee Agreement, dated 07/21/2014 203 1 20B Appointment of Representative, dated 07/21/2014 204 1 21B Notice Of Hearing Reminder, dated 07/30/2014 205-210 6 1D Application for Disability Insurance Benefits, dated 211-215 5 01/14/2013 2D Application for Supplemental Security Income Benefits, dated 216-225 10 01/24/2013 3D DISCO DIB Insured Status Report 226-227 2 4D Detailed Earnings Query 228-238 11 5D Summary Earnings Query 239 1 6D New Hire, Quarter Wage, Unemployment Query (NDNH) 240-243 4 7D Certified Earnings Records 244-249 6 8D Detailed Earnings Query, dated 08/06/2014 250-253 4 1E Disability Report-Field Office, dated 01/24/2013 254-256 3 2E Disability Report-Adult, dated 01/24/2013 257-265 9 3E Function Report-Adult, dated 03/12/2013 266-273 8 4E Work History Report, dated 03/13/2013 274-281 8 5E Disability Report-Appeals, dated 05/13/2013 282-286 5 6E Disability Report-Field Office, dated 05/13/2013 287-288 2 7E Function Report-Adult, dated 08/26/2013 289-296 8 8E Representative Correspondence, dated 09/24/2013, from 297 1 BRADFORD D MYLER 9E Disability Report-Field Office, dated 10/17/2013 298-299 2 10E Disability Report-Appeals, dated 10/17/2013 300-304 5 11E Work Background 305 1 12E Recent Medical Treatment 306 1 13E Medications 307 1 14E Recent Medical Treatment, dated 06/11/2014, from 308 1 CLAIMANT 15E Medications, dated 06/11/2014, from CLAIMANT 309 1 16E Work Background, dated 06/11/2014, from CLAIMANT 310 1 17E Representative Correspondence, dated 08/05/2014, from 311-312 2 REP 18E Representative Brief 313-316 4 1F Pain Questionnaire/Report, dated 01/31/2012, from Dr. 317-319 3 Benjamin H. Venger 2F Misc Medical Records, dated 12/05/2011 to 08/25/2012, from 320-376 57 Western Arizona Regional Medical Center DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:16-cv-08017-DKD Document 21-2 Filed 02/03/17 Page 3 of 3 Court Transcript Index Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 3F Emergency Department Records, dated 05/07/2012 to 377-406 30 09/04/2012, from Valley View Medical Center 4F Progress Notes, dated 08/25/2012 to 11/17/2012, from 407-429 23 Bashir A. Azher, M.D. 5F Progress Notes, dated 06/29/2012 to 02/22/2013, from 430-541 112 Tristate Pain Institite/Benjamin H. Venger, MD 6F Progress Notes, dated 07/08/2013 to 08/09/2013, from TRI 542-552 11 State Pain Institute 7F Progress Notes, dated 09/09/2013 to 05/05/2014, from 553-611 59 Tristate Pain Institute-Dr Benjamin Venger 8F Office Treatment Records, dated 05/12/2012 to 03/04/2014, 612-621 10 from Riverview Wellness Center-Dr. Morgan 9F Function Report-Adult, dated 05/26/2014 to 05/26/2014, 622-625 4 from Tristate Pain Institute-Dr Benjamin Venger 10F Office Treatment Records, dated 06/04/2014 to 08/04/2014, 626-646 21 from Tristate Pain Institute-Dr. Benjamin Venger DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Documents Related to Administrative Process Including Transcript of Oral Hearin

Case 3:16-cv-08017-DKD Document 21-3 Filed 02/03/17 Page 1 of 78 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 12/17/2015 1-7 7 AC Correspondence (ACCORR), dated 11/26/2014 8-14 7 Appointment of Representative (1696), dated 11/13/2014 15 1 Request for Review of Hearing Decision/Order (HA 520), dated 16-17 2 11/07/2014 ALJ Hearing Decision (ALJDEC), dated 10/22/2014 18-34 17 Transcript of Oral Hearing (TRANHR), dated 08/13/2014 35-77 43 DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Payment Documents and Decisions

Case 3:16-cv-08017-DKD Document 21-4 Filed 02/03/17 Page 1 of 45 Payment Documents and Decisions Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 1A Disability Determination Transmittal, dated 03/29/2013 78 1 2A Disability Determination Transmittal, dated 03/29/2013 79 1 3A Disability Determination Explanation, dated 03/29/2013 80-88 9 4A Disability Determination Explanation, dated 03/29/2013 89-97 9 5A Disability Determination Transmittal, dated 09/27/2013 98 1 6A Disability Determination Transmittal, dated 09/27/2013 99 1 7A Disability Determination Explanation, dated 09/27/2013 100-110 11 8A Disability Determination Explanation, dated 09/27/2013 111-121 11 DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Jurisdictional Documents and Notices

Case 3:16-cv-08017-DKD Document 21-5 Filed 02/03/17 Page 1 of 90 Jurisdictional Documents and Notices Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 1B Appointment of Representative, dated 01/07/2013 122 1 2B Representative Fee Agreement, dated 01/07/2013 123 1 3B Personal Decision Notice, dated 03/29/2013 124-128 5 4B Personal Decision Notice, dated 03/29/2013 129-132 4 5B Request for Reconsideration, dated 05/13/2013 133-135 3 6B Personal Decision Notice, dated 09/27/2013 136-138 3 7B Personal Decision Notice, dated 09/27/2013 139-141 3 8B Request for Hearing by ALJ, dated 10/17/2013 142-144 3 9B Transfer Request for Hearing, dated 12/09/2013 145-150 6 10B Request for Hearing Acknowledgement Letter, dated 151-157 7 12/09/2013 11B Request for Hearing Acknowledgement Letter, dated 158-164 7 12/30/2013 12B Outgoing ODAR Correspondence, dated 02/11/2014 165-175 11 13B Claimant's Change of Address Notification, dated 03/24/2014 176 1 14B Report of Contact, dated 03/24/2014 177 1 15B Hearing Notice 178-198 21 16B Acknowledge Notice of Hearing, dated 05/28/2014 199 1 17B Acknowledge Notice of Hearing, dated 06/04/2014 200 1 18B Resume of Vocational Expert 201-202 2 19B Representative Fee Agreement, dated 07/21/2014 203 1 20B Appointment of Representative, dated 07/21/2014 204 1 21B Notice Of Hearing Reminder, dated 07/30/2014 205-210 6 DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Non Disability Related Development

Case 3:16-cv-08017-DKD Document 21-6 Filed 02/03/17 Page 1 of 44 Non Disability Related Development Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 1D Application for Disability Insurance Benefits, dated 211-215 5 01/14/2013 2D Application for Supplemental Security Income Benefits, dated 216-225 10 01/24/2013 3D DISCO DIB Insured Status Report 226-227 2 4D Detailed Earnings Query 228-238 11 5D Summary Earnings Query 239 1 6D New Hire, Quarter Wage, Unemployment Query (NDNH) 240-243 4 7D Certified Earnings Records 244-249 6 8D Detailed Earnings Query, dated 08/06/2014 250-253 4 DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Disability Related Development

Case 3:16-cv-08017-DKD Document 21-7 Filed 02/03/17 Page 1 of 64 Disability Related Development Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 1E Disability Report-Field Office, dated 01/24/2013 254-256 3 2E Disability Report-Adult, dated 01/24/2013 257-265 9 3E Function Report-Adult, dated 03/12/2013 266-273 8 4E Work History Report, dated 03/13/2013 274-281 8 5E Disability Report-Appeals, dated 05/13/2013 282-286 5 6E Disability Report-Field Office, dated 05/13/2013 287-288 2 7E Function Report-Adult, dated 08/26/2013 289-296 8 8E Representative Correspondence, dated 09/24/2013, from 297 1 BRADFORD D MYLER 9E Disability Report-Field Office, dated 10/17/2013 298-299 2 10E Disability Report-Appeals, dated 10/17/2013 300-304 5 11E Work Background 305 1 12E Recent Medical Treatment 306 1 13E Medications 307 1 14E Recent Medical Treatment, dated 06/11/2014, from 308 1 CLAIMANT 15E Medications, dated 06/11/2014, from CLAIMANT 309 1 16E Work Background, dated 06/11/2014, from CLAIMANT 310 1 17E Representative Correspondence, dated 08/05/2014, from 311-312 2 REP 18E Representative Brief 313-316 4 DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Medical Records Part 1

Case 3:16-cv-08017-DKD Document 21-8 Filed 02/03/17 Page 1 of 226 Medical Records Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 1F Pain Questionnaire/Report, dated 01/31/2012, from Dr. 317-319 3 Benjamin H. Venger 2F Misc Medical Records, dated 12/05/2011 to 08/25/2012, from 320-376 57 Western Arizona Regional Medical Center 3F Emergency Department Records, dated 05/07/2012 to 377-406 30 09/04/2012, from Valley View Medical Center 4F Progress Notes, dated 08/25/2012 to 11/17/2012, from 407-429 23 Bashir A. Azher, M.D. 5F Progress Notes, dated 06/29/2012 to 02/22/2013, from 430-541 112 Tristate Pain Institite/Benjamin H. Venger, MD DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Medical Records Part 2

Case 3:16-cv-08017-DKD Document 21-9 Filed 02/03/17 Page 1 of 106 Medical Records Civil Action Number: 3:16-CV-08017 Claimant: Debra Marie Kinnex Account Number: 573-13-6755 Exhibits Exhibit No. of No. Description Page No. Pages 6F Progress Notes, dated 07/08/2013 to 08/09/2013, from TRI 542-552 11 State Pain Institute 7F Progress Notes, dated 09/09/2013 to 05/05/2014, from 553-611 59 Tristate Pain Institute-Dr Benjamin Venger 8F Office Treatment Records, dated 05/12/2012 to 03/04/2014, 612-621 10 from Riverview Wellness Center-Dr. Morgan 9F Function Report-Adult, dated 05/26/2014 to 05/26/2014, 622-625 4 from Tristate Pain Institute-Dr Benjamin Venger 10F Office Treatment Records, dated 06/04/2014 to 08/04/2014, 626-646 21 from Tristate Pain Institute-Dr. Benjamin Venger DATE: January 26, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

ORDER - IT IS THEREFORE ORDERED that the final decision of the Commissioner is VACATED, and this matter is REMANDED to the Commissioner for further proceedings consistent with this Order. The Clerk of the Court shall enter judgment accordingly. (See document for further details). Signed by Magistrate Judge David K Duncan on 4/3/17.

Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 1 of 12 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Debra M. Kinnex, No. CV-16-8017-PCT-DKD 10 Plaintiff, 11 v. ORDER 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 Debra Kinnex appeals from the Commissioner of Social Security’s decision to 17 adopt the Administrative Law Judge’s (ALJ) ruling denying her claim for Social Security 18 Disability Insurance benefits and Supplemental Security Income Disability benefits. On 19 appeal, Kinnex argues that she is entitled to benefits because the ALJ incorrectly 20 discounted her treating physician’s opinion, incorrectly discounted her testimony, and 21 misapplied the Vocational Expert’s testimony. (Doc. 18) This Court has jurisdiction 22 pursuant to 42 U.S.C. § 405(g) and, with the parties’ consent to Magistrate Judge 23 jurisdiction, pursuant to 28 U.S.C. § 636(c). As described below, the Court remands this 24 matter for further proceedings. 25 BACKGROUND 26 Born in 1957, Kinnex filed applications for Social Security Disability Insurance 27 and Supplemental Security Income benefits alleging a disability onset date of July 12, 28 2012. (Tr. 213-15, 216-25) She alleged disability from osteoporosis, lumbar Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 2 of 12 1 compression fractures, and degenerative disc disease of the lumbar and thoracic spine. 2 (Tr. 21, 211-25, 258-59) She has an 11th grade education and her past work experience 3 was as a bartender, stock clerk, stock control supervisor, waitress, driver, and office 4 clerk. (Tr. 41, 63-65) 5 Medical Evidence1 6 On June 29, 2012,2 Kinnex established care with Benjamin H. Venger, M.D., at 7 TriState Pain Institute, to manage her spinal pain, identify the pain generator, and 8 maintain her pain medication. (Tr. at 430) On physical examination of her lumbosacral 9 spine, Dr. Venger noted trigger points at the upper outer quadrant of the buttocks, 10 bilateral paraspinal muscle tenderness, mild spasm, mild pain with extension or axial 11 loading, and minimal bilateral discomfort with lateral bending. (Tr. 433) He noted that 12 her range of motion was normal for her age, her paraspinal muscle strength and tone were 13 within normal limits, and her straight leg raise test was bilaterally negative. (Tr. 433-34) 14 Finally, he noted that Kinnex had a slightly broad-based gait and that she was able to 15 walk without the assistance of an orthosis, could stand without difficulty, and had an 16 upright posture. (Tr. 434) 17 Subsequently, Kinnex used an over-the-counter lumbar brace without any relief. 18 (Tr. 443) Accordingly, Dr. Venger fitted her for a specialty lumbar brace and ordered a 19 magnetic resonance imaging (MRI) scan. (Tr. 447) For the L2 vertebra, MRI imaging 20 showed mild compression deformity of the vertebral body with approximately 30% to 21 40% loss of vertebral height, some patchy bone marrow edema, and a slight degree of 22 posterior retropulsion. For the L3 vertebra, MRI imaging showed a mild concave 23 deformity and some patchy bone marrow edema. Finally, for the L4 vertebra, the MRI 24 showed a moderate compression fracture with approximately 60% loss of vertebral 25 1 This discussion is limited to the issues raised by Kinnex in this Court. 26 2 In May 2012, prior to her alleged onset date, Kinnex presented to the emergency 27 room twice for lower back pain. (Tr. 331-34; 396-97) Subsequently, she was treated at Riverview Wellness Center where she was referred to Dr. Venger for pain management. 28 (Tr. 620-21) The ALJ decision stated that Kinnex was also referred for joint complaints and generalized limb pain. (Compare Tr. 26 with Tr. 430) This is harmless error.-2-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 3 of 12 1 height, diffuse patchy bone marrow edema, and small subligamentous disk protrusion 2 over the L4-L5 area. (Tr. 450-52) 3 Subsequently, Dr. Venger performed a vertebroplasty on Kinnex’s back at the L2, 4 L3, and L4 vertebrae. (Tr. 462-65) In her first follow-up visit, she stated that her pain 5 was "slowly improving following her procedure" and that she could "ambulat[e] well 6 without any significant pain." (Tr. 467) She also stated that pain medications covered 7 41-50% of her current discomfort and that her pain level average was 7 out of 10. (Tr. 8 466). At her second follow-up visit on August 3, 2012, she reported that her pain had 9 improved on the inside of her back but she was experiencing more pain on the outside of 10 her back, that she was careful when standing and walking, and that she could "handle the 11 pain" because of the pain medication. (Tr. 473) She acknowledged a 70-80% pain 12 reduction from her medication and claimed that her pain level was about 8 out of 10. (Tr. 13 at 472) 14 On August 16, 2012, Kinnex stated that her pain medication covered about 31-15 40% of her pain, that her daily pain average was 7 out of 10, and reported new pain in her 16 upper lumbar region. (Tr. 482, 484) In response to her report of new myofacial thoracic 17 pain, Dr. Venger performed trigger point injections on her mid-and lower thoracic 18 iliocostalis muscles and ordered updated x-rays. (Tr. 478) The thoracic spine x-ray 19 showed a Schmorl node involving the superior endplate of a lower thoracic vertebral 20 body, no significant wedge compression deformities, very mild degenerative changes, no 21 large osteophytes, and some mild scattered intervertebral disc narrowing. (Tr. 392) The 22 lumbar spine x-ray showed mild compression deformities at L2 and L3, a moderate 23 compression deformity at L4, an approximate vertebral height loss of 50% of L4, no 24 evidence of retropulsion, generalized osteopenia, and mild degenerative changes of facet 25 joints. (Tr. 393) 26 On August 20, 2012, Kinnex told a health care provider at Riverview Wellness 27 that she thought her vertebroplasty had alleviated her back pain. (Tr. 619) 28-3-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 4 of 12 1 On September 20, 2012, Kinnex stated that her pain medication covered about 41-2 50% of her pain and that her daily pain averaged 8 out of 10. (Tr. 494) She reported 3 excruciating pain in her lumbar and sacral spine but relief from the earlier procedures in 4 her thoracic spine. (Tr. 495, 498) 5 On October 18, 2012, Kinnex stated that her medications had given her 60-70% 6 relief but that her pain is worse. (Tr. 505) She complained of abdominal and lumbar 7 pain and so Dr. Venger performed another set of trigger point injections. (Tr. 502) 8 On November 21, 2012, Kinnex complained of more back pain but was not sure if 9 her pain was from her back or her kidneys. (Tr. 511) She indicated that her pain 10 medication covered about 61-70% of her pain with an average level of pain at 7 out of 10. 11 (Tr. 510) On December 28, 2012, Kinnex reported that her pain medication covered 12 about 61-70% of her pain and that the pain averaged 5 out of 10. (Tr. 516) On January 13 24, 2013 and February 22, 2013, she stated that her pain medication covered about 91-14 100% of her pain and that the pain averaged 6 out of 10. (Tr. 530, 536) 15 On January 31, 2013,3 Dr. Venger completed a Residual Functional Capacity 16 Questionnaire. (Tr. 318-19) He stated that Kinnex could sit for 20 minutes at a time for 17 a total of two hours in an eight hour work day and that she would take four or five 18 unscheduled 10-15 minute work breaks per day. (Tr. 318) He stated that she could 19 frequently lift less than 10 pounds and occasionally lift 10 pounds, she would be absent 20 more than four times a month from work, and that she was not a malingerer. (Tr. 319) 21 The record is not clear that Dr. Venger treated Kinnex between March and May 22 2013. Documentation of monthly visits resumes in June 2013 and her treatment appears 23 to be only medication management. (Tr. 543) In July 2013, she reported to Dr. Venger 24 that her pain medication covers 71-80% of her pain and that her pain level was "so bad 25 3 Dr. Venger dated the Questionnaire on "1/31/12." (Tr. 319) Dr. Venger began 26 to treat June 29, 2012, and this form was submitted to the Defendant in March 2013. (Tr. 317) Accordingly, it appears safe to assume that the form was completed on January 31, 27 2013, and that Dr. Venger simply misdated the form, a frequent typographical error that occurs in the new year. This conclusion is also bolstered by noting that the Questionnaire 28 is a form from Myler Disability and Kinnex hired Brad Myler to represent her in December 2012. (Tr. 122-23)-4-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 5 of 12 1 that even with the medication she [wa]s up 4-5 times a night. She [wa]s not able to sit, 2 stand, or lay down for any length of time." (Tr. 544-45) In August, September, October, 3 November, December 2013 and January, February, March, April, May, June, July, 4 August 2014, Kinnex reported to Dr. Venger that medication covered 61-70% of her pain 5 but she variously reported that her pain levels had either remained the same (August, 6 September October, November, and December 2013; January, May, and August 2014), 7 were slightly worse (April 2014), or worse (February, March, June, and July 2014). (Tr. 8 544-45, 555-56, 561-62, 568-69, 573-74, 579-80, 585-86, 591-92, 597-98, 627-28, 635-9 36, 641-42) 10 In April 2014, Kinnex told Dr. Venger that, due to financial considerations, she 11 was only interested in medication management. (Tr. 565) In May 2014, Dr. Venger 12 completed another Residual Functional Capacity Questionnaire that was essentially 13 identical to the previous Questionnaire he completed. (Tr. 624-25) In July 2014, he 14 performed a medial branch nerve block and she subsequently reported that the procedure 15 had relieved approximately half of her pain. (Tr. 628, 633 16 Kinnex Self-Evaluations 17 On March 12, 2013, Kinnex filled out a self-evaluation form of her symptoms and 18 limitations. (Tr. 266-73) She stated that she could "not walk too long, sit too long, or 19 stand too long." (Tr. 266) She also stated that she needed a cane to walk around and she 20 acknowledged that the cane had not been prescribed. (Tr. 272) Kinnex filled out a 21 second self-evaluation on August 26, 2013. She described her symptoms in the same 22 way as in her previous self-evaluation and acknowledged that she still did not have a 23 prescription for her cane. (Tr. at 289-96) 24 State’s Agency Evaluations 25 On March 27, 2013, the Commissioner’s medical consultants reviewed Kinnex’s 26 applications for disability benefits and supplemental income and her medical record, and 27 concluded that she was physically capable of performing work at the light exertional 28-5-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 6 of 12 1 level.4 (Tr. at 80-97) On subsequent review, the medical consultants reviewed her 2 updated medical record and affirmed their earlier conclusion that she was capable of 3 performing work at the light exertional level. (Tr. 100-121) 4 Hearing 5 At the administrative hearing, Kinnex testified that she had been working as a 6 bartender and waitress but had to quit working due to her back pain. (Tr. 44) She 7 testified that she could sit about an hour per day comfortably and then would have to get 8 up to alleviate the pain. (Tr. 52) She testified that she drove herself to the hearing, that 9 her pain woke her up at night, that her pain medication helped but did not completely 10 alleviate the pain, and acknowledged that she had received several injections and 11 procedures. (Tr. 40, 44, 46) She confirmed that her pain medication brought her pain 12 down from a 7 or 8 to a 4 or 5 (out of 10). (Tr. 49) She testified that she lived with her 13 husband who did all the cooking for her, that she could vacuum with a small vacuum, and 14 could wash dishes standing for twenty minutes at a time before lying down. (Tr. 54-55) 15 She also testified that she could go to the store for a quick trip, lift and carry five to ten 16 pounds, and drive up to 30 minutes. (Tr. 53, 56) However, she could not dance anymore 17 and spent most of her days lying on the couch watching television and crocheting. (Tr. 18 59-60) 19 The vocational expert (VE), Kathryn Atha, testified that Kinnex would not be able 20 to perform any of her past relevant work if her postural limitations were at "occasional." 21 (Tr. 67) VE Atha testified that Kinnex had acquired simple clerical skills in her previous 22 work as a stock control supervisor5 and that these skills could be transferred to sedentary 23 work. (Tr. 66, 74-75) VE Atha testified that "[t]here would be no past relevant work that 24 25 4 The medical consultants concluded that Dr. Venger’s Questionnaire was completed before he had started to treat Kinnex and appear to have used that conclusion 26 to justify discounting his opinion. As noted earlier, the Court concludes that this was nothing more nefarious than a typographical error. 27 5 She originally concluded that Kinnex had acquired transferrable clerical skills 28 from her previous position as an office clerk but, after further testimony from Kinnex, modified her conclusion. (Tr. 68, 71-74)-6-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 7 of 12 1 would be appropriate with occasional posturals." (Tr. 67) However, with sedentary 2 posturals, there were three positions that would be appropriate: receptionist, appointment 3 clerk, and telephone solicitor. (Tr. at 68-69) However, an employee who needed to sit or 4 stand every 20 to 30 minutes would not be able to work in these positions. (Tr. 75-76) 5 Administrative Law Judge Decision 6 The ALJ’s decision followed the requisite five step process. (Tr. 21-30) First, the 7 ALJ concluded that Kinnex had not engaged in substantial gainful activity since her 8 alleged onset date and that her spine disorder was a severe impairment but it did not meet 9 or medically equal the severity of any of the listed impairments in the Social Security 10 Rules. (Tr. 23-24) 11 Next, the ALJ concluded that Kinnex had the residual functional capacity ("RFC") 12 to perform sedentary work except that she was limited to occasional postural activities 13 and could only sit for two hours and would then need to stand. (Tr. 24) To justify this 14 RFC, the ALJ reviewed Kinnex’s hearing testimony, her self-report, and her medical 15 treatment to conclude that she was not fully credible about her spine disorder. (Tr. 25) 16 Specifically, the ALJ noted that Kinnex’s self-report stated that she needed a cane to 17 walk but Dr. Venger’s medical records indicated that she did not need assistance to walk. 18 (Tr. 25) The ALJ noted that taking Kinnex’s self-described limitations at face value was 19 difficult "in view of the relatively benign medical evidence." (Tr. 25) The ALJ 20 concluded that Kinnex had "not generally received the type of medical treatment that one 21 would expect from a totally disabled individual" and that her "treatment and medications 22 have been relatively effective in controlling [her] symptoms." (Tr. 25) The ALJ further 23 noted that Kinnex had provided inconsistent reports on the severity of her symptoms and 24 the amount of relief she obtained from medication. (Tr. 25) 25 The ALJ gave little weight to the opinion expressed by Dr. Venger in his two RFC 26 Questionnaires because they were "brief, conclusory, and inadequately supported by the 27 clinical findings." (Tr. 27) Specifically, she noted that "Dr. Venger’s own treatment 28 records [did] not document any significant abnormalities" and that, instead, he-7-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 8 of 12 1 "apparently relied quite heavily on the subjective report of symptoms and limitations 2 provided by the claimant and seemed to uncritically accept as true most, if not all, of 3 what [Kinnex] reported." (Tr. 27) In light of the ALJ’s conclusion that Kinnex was not 4 fully credible, the ALJ found Dr. Venger’s opinion less persuasive. (Tr. 27) 5 The ALJ reviewed the State agency medical consultants’ opinion that Kinnex 6 could still perform light work and concluded that Kinnex had more limitations. (Tr. 27-7 28) The ALJ adopted VE Atha’s testimony that Kinnex could not perform her past 8 relevant work but that she had acquired transferable work skills from her past relevant 9 work and could transfer these skills to jobs that exist in significant numbers in the 10 national economy, namely receptionist, appointment clerk, and telephone solicitor. (Tr. 11 28-29) Accordingly, the ALJ concluded that Kinnex was not disabled. (Tr. 29-30) 12 STANDARD OF REVIEW 13 This court must affirm the ALJ’s findings if they are supported by substantial 14 evidence and are free from reversible error. Marcia v. Sullivan, 900 F.2d 172, 174 (9th 15 Cir. 1990). Substantial evidence is more than a mere scintilla, but less than a 16 preponderance; it is "such relevant evidence as a reasonable mind might accept as 17 adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971). In 18 determining whether substantial evidence supports the ALJ’s decision, the court 19 considers the record as a whole, weighing both the evidence that supports and that which 20 detracts from the ALJ’s conclusions. Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 21 1988). The ALJ is responsible for resolving conflicts, ambiguity, and determining 22 credibility. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995); Magallanes v. 23 Bowen, 881 F.2d 747, 750 (9th Cir. 1989). Thus, the Court must affirm the ALJ’s 24 decision where the evidence considered in its entirety substantially supports it and the 25 decision is free from reversible error. 42 U.S.C. § 405(g); Hammock v. Bowen, 879 F.2d 26 498, 501 (9th Cir. 1989). 27 Treating Physician’s Opinion. The views of treating physicians are accorded great 28 deference – deserving controlling weight, and if not in conflict with the record, can only-8-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 9 of 12 1 be rejected with findings that are supported by clear and convincing reasons based on 2 substantial evidence. Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). Because treating 3 doctors are employed to cure and have a greater opportunity to know and observe the 4 patient as an individual, their opinions are given greater weight than the opinions of other 5 physicians. Rodriguez v. Bowen, 876 F.2d 759 (9th Cir. 1989). If the treating physician’s 6 medical opinion is inconsistent with other substantial evidence in the record, "[t]reating 7 source medical opinions are still entitled to deference and must be weighed using all of 8 the factors provided in 20 CFR § 404.1527." SSR 96-2p. These factors include length of 9 treatment relationship and frequency of examination, nature and extent of the treatment 10 relationship, supportability, consistency, specialization and other factors. 11 Claimant’s Testimony. An ALJ must engage in a two-step analysis in evaluating 12 the credibility of a claimant’s testimony regarding alleged symptoms. Smolen v. Chater, 13 80 F.3d 1273, 1290 (9th Cir. 1996). First, the ALJ must determine whether there is 14 objective medical evidence of an underlying impairment that could reasonably be 15 expected to produce the alleged symptoms. Id. at 1281. Second, when there is no 16 affirmative evidence suggesting malingering, the ALJ must also set forth "specific, clear 17 and convincing reasons" before it can reject a claimant’s testimony about the severity of 18 symptoms. Id. at 1283-84. See Dodrill v. Shalala, 12 F.3d 915, 918 (9th Cir. 1993). The 19 clear and convincing standard is the most heightened standard in Social Security Law. 20 Moore v. Soc. Sec. Admin., 278 F.3d 920 (9th Cir. 2002). Once an underlying impairment 21 is verified, an ALJ cannot use a lack of full and objective medical corroboration to reject 22 a claimant’s subjective symptoms. Cotton v. Bowen, 799 F.2d 1403, 1407 (9th Cir. 1986), 23 superseded by statute on other grounds as stated in Bunnell v. Sullivan, 912 F.2d 1149 24 (9th Cir.1990). To support a finding that the symptoms are not credible, the ALJ must 25 offer specific findings properly supported by the record in sufficient detail to allow a 26 reviewing court to review the findings for permissible grounds and freedom from 27 arbitrariness. (Id.) Moreover, the mere fact that Kinnex engages in some daily activities 28 does not in any way detract from the credibility as to her overall disability, as a claimant-9-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 10 of 12 1 does not need to be "utterly incapacitated" in order to be disabled. Vertigan v. Halter, 2 260 F.3d 1044, 1050 (9th Cir. 2001). Such activities of daily living can only be used to 3 reject a claimant’s testimony if those activities actually show that a claimant can work or 4 they are inconsistent with a claimant’s testimony regarding what he or she can do. (Id.) 5 ANALYSIS 6 On appeal, Kinnex argues that the ALJ improperly discounted Dr. Venger’s 7 opinion, improperly discounted her credibility, and misconstrued VE Atha’s testimony. 8 (Doc. 18) The Court partially agrees. 9 For both Dr. Venger’s opinion and Kinnex’s testimony, the ALJ relied on contrary 10 medical conclusions about the severity of Kinnex’s spine disorder and the implications 11 about severity from the type of treatment she received. However, the conclusions that 12 Kinnex’s medical records showed "relatively benign" spinal problems without "any 13 significant abnormalities" were not based on the opinions of a medical expert. Similarly, 14 the ALJ concluded that Kinnex’s treatment was not indicative of total disability without 15 any expert testimony. Although possibly correct, this is—without more—not a sufficient 16 foundation to justify discounting the opinion of a treating physician. 17 Next, the ALJ did not find evidence that Kinnex was malingering. Instead, the 18 ALJ found that Kinnex’s impairments could reasonably be expected to cause her alleged 19 symptoms but her statements about the intensity, persistence, and limiting effects of her 20 symptoms were not credible to the extent they were inconsistent with the residual 21 functional capacity assessment. (Tr. 24-25) To support this, the ALJ noted that Kinnex 22 used an un-prescribed cane and contrasted two relatively-pain free months in early 2013 23 with less successful pain management in subsequent months. However, the ALJ does not 24 explain why a change from 91-100% to 61-70% pain reduction with medication is 25 problematic. Thus, the ALJ did not provide a sufficient explanation to support a finding 26 that Kinnex was not fully credible. 27 Finally, the ALJ found that Kinnex could transfer the skills from her clerk position 28 and, therefore, she was not disabled. (Tr. 28-29) This conclusion was based on a-10-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 11 of 12 1 confusing and incomplete portion of the VE’s testimony that included an interruption by 2 Kinnex to dispute the VE’s statements. First, the VE concluded the transferable skills 3 came from one job and, after Kinnex disputed this conclusion, the VE concluded that the 4 skills came from a different job. As Kinnex notes, whether her skills are transferrable 5 could be dispositive to the question of her disability. (Doc. 18 at 16-20) 6 REMAND FOR FURTHER PROCEEDINGS 7 Here, the Court cannot remand for benefits because the ALJ failed to provide 8 legally sufficient reasons for rejecting evidence and it appears that the record has not 9 been fully developed. Garrison v. Colvin, 759 F.3d 995, 1020 (9th Cir. 2014). As 10 described above, the ALJ did not properly explain the reasons for rejecting Kinnex’s 11 credibility or for rejecting her treating physician’s opinion. Doing so appears to require 12 further development of the record, including, possibly, a medical expert.6 Accordingly, 13 the best course is to remand for further proceedings. 14 IT IS THEREFORE ORDERED that the final decision of the Commissioner is 15 VACATED, and this matter is REMANDED to the Commissioner for further 16 proceedings consistent with this Order. The Clerk of the Court shall enter judgment 17 accordingly. 18 IT IS FURTHER ORDERED that upon remand, the Commissioner will remand 19 the case to an ALJ with instructions to: 20 1. open the record to obtain: 21 a. updated medical records; 22 b. functional capacity assessments from Kinnex’s treating physicians 23 and/or agency consultative examiners, to the extent appropriate; 24 c. updated information from Kinnex, including but not limited to, 25 activities of daily living forms and any relevant third party reports; 26 6 The record shows that Dr. Venger renewed Kinnex’s Percocet prescription at 27 every single appointment but that Kinnex’s drug screens were all negative for Percocet. (Tr. 437, 526, 554, 603) Although the Court has no medical expertise, it appears that 28 this discrepancy could impact the ALJ’s evaluation of Dr. Venger’s opinion and Kinnex’s credibility.-11-Case 3:16-cv-08017-DKD Document 22 Filed 04/03/17 Page 12 of 12 1 2. hold a de novo hearing that includes testimony from vocational and medical 2 experts, to the extent appropriate; and 3 3. issue a new decision. 4 Dated this 3rd day of April, 2017. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-12-

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed April 3, 2017, the decision of the Commissioner of Social Security is vacated and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.

Case 3:16-cv-08017-DKD Document 23 Filed 04/03/17 Page 1 of 1 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Debra M Kinnex, NO. CV-16-08017-PCT-DKD 10 Plaintiff, JUDGMENT IN A CIVIL CASE 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 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 April 3, 2017, the decision of the Commissioner of Social Security is vacated and this 19 case is remanded to the Social Security Administration for further proceedings consistent 20 with the Order. 21 Brian D. Karth District Court Executive/Clerk of Court 22 23 April 3, 2017 s/Leann Dixon 24 By Deputy Clerk 25 26 27 28

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

Case 3:16-cv-08017-DKD Document 24 Filed 06/30/17 Page 1 of 3 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 Debra M. Kinnex 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Debra M. Kinnex, 13 14 Civil No. 3-16-cv-08017-PCT-DKD Plaintiff, 15 16 vs. MOTION FOR ATTORNEY’S 17 FEES PURSUANT TO THE 18 Commissioner of Social Security, EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 19 Defendant 20 21 PLAINTIFF’S MOTION FOR ATTORNEY’S FEES PURSUANT TO THE 22 EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 23 24 COUNSEL: 25 PLEASE TAKE NOTICE that upon the annexed affirmation of Howard 26 27 D. Olinsky, attorney for the plaintiff, and other papers, the plaintiff will make a 28 motion before Hon. David K. Duncan, at Sandra Day O’Connor U.S. Courthouse, Page 1 Case 3:16-cv-08017-DKD Document 24 Filed 06/30/17 Page 2 of 3 1 Suite 325, 401 West Washington Street, SPC 14, Phoenix, AZ 85003 on a date to 2 be set by the court, for an order: 3 4 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,589.93, and 5 6 2. Awarding Expenses in the amount of $20.19; and 7 3. If the Plaintiff has no debt registered with the Department of Treasury 8 subject to offset that the fees be made payable to the attorney. 9 10 Plaintiff, by her attorney, Howard D. Olinsky moves the court for an award to be 11 paid by the Defendant under the Equal Access to Justice Act, 28 USCS § 2412. 12 13 14 Plaintiff may receive an award under the Equal Access to Justice Act because he is 15 the prevailing party, is an individual whose net worth did not exceed two million 16 17 dollars when the action was filed, and the position of the United States in this 18 litigation and/or at the agency was not substantially justified. Although the burden 19 of proof on substantial justification is on the government, Plaintiff’s supporting 20 21 memorandum briefly addresses this issue. 22 23 There are no special circumstances in this case which make an award under the 24 25 EAJA unjust. 26 This motion is supported by an affirmation of Plaintiff’s attorney, attached time 27 and cost records and an Affidavit and Waiver of Direct Payment by the plaintiff. 28 Page 2 Case 3:16-cv-08017-DKD Document 24 Filed 06/30/17 Page 3 of 3 1 2 Executed this June 30, 2017 3 4 Respectfully submitted, 5/s/Howard D. Olinsky 6 Howard D. Olinsky, Esq. Admitted Pro Hac Vice 7 Attorney for Plaintiff 8 Email: fedct@windisability.com 9 To: John S. Leonardo, Esq. 10 United States Attorney 11 Gerald J. Hill, Esq. 12 Special Assistant U.S. Attorney Office of the General Counsel 13 Social Security Administration 14 701 Fifth Avenue, Suite 2900 M/S 221A 15 Seattle, WA 98104 State Bar No. OR004891 16 Telephone: (206) 615-2139 17 Facsimile: (206) 615-2531 18 Email: gerald.j.hill@ssa.gov Attorneys for Defendant 19 20 21 22 23 24 25 26 27 28 Page 3

Text of Proposed Order

Case 3:16-cv-08017-DKD Document 24-1 Filed 06/30/17 Page 1 of 3 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 DISTRICT OF ARIZONA 11 12 Debra M. Kinnex, Civil No. 3-16-cv-08017-PCT-DKD 13 Plaintiff, 14 15 vs. (PROPOSED) ORDER AWARDING ATTORNEY’S FEES 16 PURSUANT TO THE EQUAL 17 Commissioner of Social Security, ACCESS TO JUSTICE ACT, 18 28 U.S.C. § 2412(D) Defendant 19 20 (Proposed) Order Awarding Attorney’s Fees 21 pursuant to the Equal Access to Justice Act, 22 23 28 U.S.C. § 2412(d) 24 Before the Court is the Motion of Plaintiff Debra M. Kinnex, for award of 25 attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 26 Based on the pleadings as well as the position of the defendant commissioner, if 27 28 Page 1 Case 3:16-cv-08017-DKD Document 24-1 Filed 06/30/17 Page 2 of 3 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 Five 6 Thousand Five Hundred Eighty-Nine Dollars and Ninety-Three Cents ($5,589.03) 7 8 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are awarded to 9 Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 10 11 IT IS FURTHER ORDERD that Plaintiff is awarded Twenty Dollars and 12 13 Nineteen Cents ($20.19) in expenses for Certified Mail for service of Summons 14 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 Case 3:16-cv-08017-DKD Document 24-1 Filed 06/30/17 Page 3 of 3 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

AFFIDAVIT of Howard D. Olinsky, Esq. re: [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed by Plaintiff Debra M Kinnex.

Case 3:16-cv-08017-DKD Document 25 Filed 06/30/17 Page 1 of 4 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 Debra M. Kinnex 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Debra M. Kinnex, 13 14 Civil No. 3-16-cv-08017-PCT-DKD Plaintiff, 15 16 vs. Attorney’s affirmation in support of 17 Fees Pursuant to the Equal Access to 18 Commissioner of Social Security, Justice Act, 28 U.S.C. § 2412 19 Defendant 20 21 Attorney’s affirmation in support of Fees Pursuant to the Equal Access to 22 Justice Act, 28 U.S.C. § 2412 23 ________________________________________ STATE OF NEW YORK) 24 COUNTY OF ONONDAGA) ss: 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 Case 3:16-cv-08017-DKD Document 25 Filed 06/30/17 Page 2 of 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 USCS § 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 April 3, 2017 that the above-entitled case be 7 8 remanded for further administrative proceedings, under the fourth sentence of 42 9 U.S.C. § 405(g). 10 5. For the Equal Access to Justice Act, I am requesting an hourly rate 11 of $192.68 for attorney time in 2016. See generally, 12 13 http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039 U.S.C.A 9 th 14 Circuit EAJA Table. If attorney fees are calculated at this rate for 24.6 hours of 15 work performed in 2016 and 2017 they total $4,739.93. 16 17 6. I am also requesting $100.00 per hour for 8.5 hours of paralegal time 18 equaling $850.00. I am requesting $5,589.93 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., Paul B. Eaglin Esq., Michelle Fecio, Esq., 26 Betsy R. Shepard, Esq., and Alyssa Van Auken, Esq. Exhibit C is broken down 27 28 Page 5 Case 3:16-cv-08017-DKD Document 25 Filed 06/30/17 Page 3 of 4 1 by paralegals. The paralegals involved in this case are Shannon Persse, Michael 2 Smith, Michelle Callahan and Tamica Lockwood. 3 4 8. I am requesting reimbursement of expenses of $20.19 for Certified 5 Mail for the summons and complaint to the defendants office’s as shown on 6 Exhibit D. 7 8 9. The attached records were contemporaneously created and stored in 9 the firm’s Prevail Database, and are printed out and attached. The itemized time 10 represents hours spent preparing and handling this case for U.S. District Court. 11 Clerical time is not included in this petition or has been zeroed out. 12 13 Waiver of Direct Payment of EAJA Fees 14 10. Attached is an Affidavit and Waiver of Direct Payment duly 15 executed by the plaintiff (Exhibit E). With this Waiver, if Plaintiff owes a debt 16 17 that qualifies under the Treasury Offset Program (31 USCS § 3716), any payment 18 shall be made payable to the Plaintiff and delivered to the Plaintiff’s attorney. If 19 the United States Department of Treasury determines that Plaintiff owes no debt 20 21 subject to offset, the government may accept the assignment of EAJA fees and pay 22 such fees directly to the Plaintiff’s attorney. Astrue v. Ratliff, 560 U.S. 586 (U.S. 23 2010). 24 25 26 WHEREFORE, because all four elements of an allowable application for 27 EAJA fees have been proven, petitioner requests that the Court issue an order: 28 Page 6 Case 3:16-cv-08017-DKD Document 25 Filed 06/30/17 Page 4 of 4 1 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,589.93; 2 and 3 2. Awarding Expenses in the amount of $20.19; and 4 3. If the Plaintiff has no debt registered with the Department of Treasury 5 6 subject to offset that the fees be made payable to the attorney. 7 8 Executed this June 30, 2017 9 Respectfully submitted, 10 11/s/Howard D. Olinsky Howard D. Olinsky, Esq. 12 Admitted Pro Hac Vice 13 Attorney for Plaintiff Email: fedct@windisability.com 14 15 To: John S. Leonardo United States Attorney 16 17 Gerald J. Hill, Esq. Special Assistant U.S. Attorney 18 Office of the General Counsel 19 Social Security Administration 20 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104 21 State Bar No. OR004891 22 Telephone: (206) 615-2139 23 Facsimile: (206) 615-2531 24 Email: gerald.j.hill@ssa.gov Attorneys for Defendant 25 26 27 28 Page 7

Exhibit All Professional Time

Exhibit A Case 3:16-cv-08017-DKD Document 25-1 Filed 06/30/17 Page 2 of 3 Ledger Kinnex, Debra M. Date  Subject Hours Timekeeper 12/29/2015 Files received, reviewed and processed from referral source for Attorney review 0.6 Callahan, Michelle 12/29/2015 Correspondence to Client re: Prospect acknowledgment letter mailed 0.2 Callahan, Michelle 12/30/2015 Telephone call with Client re: Debt conference call, explained process 0.4 Callahan, Michelle 1/29/2016 Review decisions and evidence to determine whether to appeal case 1 Fecio, Michelle 2/1/2016 FDC prospect packet prepared for Client completion 0.6 Callahan, Michelle 2/1/2016 Telephone call with Client re: Assistance with in forma pauperis application 0.5 Callahan, Michelle 2/1/2016 FDC prospect packet sent to Client via Right Signature 0.2 Callahan, Michelle 2/2/2016 Draft Application for Pro Hac Vice 0 Olinsky, Howard D. 2/2/2016 FDC Prospect packet returned via Right Signature, reviewed for completion 0.3 Smith, Michael P. 2/2/2016 Draft Complaint, Proposed Summons, Letter to Clerk, and Civil Cover Sheet 0.6 Olinsky, Howard D. 2/2/2016 Review Motion to Proceed In Forma Pauperis, approve for filing 0.2 Olinsky, Howard D. 2/2/2016 File initial case documents via cm/ecf 0 Smith, Michael P. 2/3/2016 Federal Court-Accept Letter-New FDC Filing 0.3 Smith, Michael P. 2/3/2016 Download, file, save and distribute ECF re: Complaint, Civil Cover Sheet 0 Callahan, Michelle 2/3/2016 Download, file, save and distribute ECF re: Application to Proceed IFP 0 Callahan, Michelle 2/3/2016 Download, file, save and distribute ECF re: Summons submitted 0 Callahan, Michelle 2/3/2016 Dwld, file, save & distribute ECF re: Case assigned to Honorable David K. Duncan 0 Callahan, Michelle 2/3/2016 Review Case assigned Hon. David Duncan, research individual rules & practices 0.3 Olinsky, Howard D. 2/3/2016 Download, file, save and distribute ECF re: Summons Issued as to OCG, USAO, AG 0 Callahan, Michelle 2/3/2016 Review Summons Issued 0.2 Olinsky, Howard D. 2/3/2016 File Application for Pro Hac Vice HDO via cm/ecf 0 Smith, Michael P. 2/3/2016 Download, file, save and distribute ECF re: Motion for Pro Hac Vice 0 Callahan, Michelle 2/4/2016 Download, file, save and distribute ECF re: Scheduling Order 0 Callahan, Michelle 2/4/2016 Review Scheduling order, calender deadlines on task pad 0.3 Olinsky, Howard D. 2/5/2016 Download, file, save and distribute ECF re: Order granting IFP appilcation 0 Callahan, Michelle 2/5/2016 Review Order granting In Forma Pauperis application, directing service 0.1 Olinsky, Howard D. 2/9/2016 Download, file, save and distribute ECF re: Pro Hac Vice fee paid 0 Callahan, Michelle 2/9/2016 Download, file, save and distribute ECF re: Order granting Pro Hac Vice 0 Callahan, Michelle 2/9/2016 Review Order granting Motion for Pro Hac Vice 0 Olinsky, Howard D. 2/11/2016 Federal Court-Service of Process-Prepare Service Packets USAO, OGC, AG 0.6 Callahan, Michelle 2/22/2016 Download, file, and save electronic return receipts USAO, OGC, AG 0 Callahan, Michelle 2/23/2016 Dwld, file, save & distribute ECF re: Notice of appearance Gerald J. Hill 0 Callahan, Michelle 2/23/2016 Review Notice of appearance Gerald J. Hill o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 2/24/2016 Review Service executed re: proof of service 0.1 Eaglin, Paul B. 2/24/2016 Download, file, save and distribute ECF re: Magistrate election form deadline 0 Callahan, Michelle 2/24/2016 Review Magistrate election form deadline set 0.1 Eaglin, Paul B. 2/24/2016 Combine and File Proof of service via CM/ECF 0.3 Callahan, Michelle 2/24/2016 Download, file, save and distribute ECF re: Service executed 0 Callahan, Michelle 2/24/2016 Review and execute Magistrate consent form 0.1 Olinsky, Howard D. 2/24/2016 Emails with Opposing Counsel re: Executed Magistrate consent 0.2 Smith, Michael P. 33.10 (Type = Time) and (Category = Federal Court)    Case 3:16-cv-08017-DKD Document 25-1 Filed 06/30/17 Page 3 of 3 Date  Subject Hours Timekeeper 2/24/2016 Review service executed re: proof of service 0.1 Eaglin, Paul B. 3/3/2016 Download, file, save and distribute ECF re: Consent to Magistrate Judge 0 Callahan, Michelle 3/10/2016 Emails with Clerk re: Correct magistrate consent form 0 Olinsky, Howard D. 3/10/2016 Review and execute correct magistrate consent form 0 Olinsky, Howard D. 3/10/2016 Corresp. to Clerk and Opposing Counsel re: Corrected magistrate consent form 0 Smith, Michael P. 3/11/2016 Download, file, save and distribute ECF re: Consent to Magistrate Judge 0 Callahan, Michelle 3/11/2016 Download, file, save and distribute ECF re: Minute entry Judge Duncan assigned 0 Callahan, Michelle 3/11/2016 Review Minute entry case assigned to Magistrate Judge David K. Duncan 0.1 Eaglin, Paul B. 4/18/2016 Download, file, save and distribute ECF re: Answer to Complaint 0 Callahan, Michelle 4/18/2016 Review Answer to complaint 0.1 Eaglin, Paul B. 4/18/2016 Download, file and save FDC transcript in 10 (ten) parts 0.2 Callahan, Michelle 4/18/2016 Combine, strip PDF/A, OCR and live bookmark federal court transcript (659 pgs) 0.7 Callahan, Michelle 4/18/2016 Preliminary review of transcript-assign Attorney writer 0.5 Eaglin, Paul B. 6/14/2016 Review Certified Administrative record, take notes and organize facts 5.3 Shephard, Betsy R. 6/15/2016 Drafting procedural section and drafting facts 4.3 Shephard, Betsy R. 6/16/2016 Research issues and drafting argument 6.4 Shephard, Betsy R. 6/16/2016 Senior Attorney review draft brief, suggest edits 0.7 Eaglin, Paul B. 6/17/2016 Implement suggested edits, finalize and file brief (n/c for filing) 1 Shephard, Betsy R. 6/20/2016 Download, file, save and distribute ECF re: Opening brief 0 Callahan, Michelle 7/18/2016 Download, file, save and distribute ECF re: Response brief 0 Lockwood, Tamica 7/18/2016 Review Response brief (17 pages) 0.6 Eaglin, Paul B. 7/18/2016 Assign Attorney writer to access/write reply brief 0.2 Eaglin, Paul B. 7/28/2016 Reply Brief Assessment-no reply 0.8 Van Auken, Alyssa 1/19/2017 Emails w/Clerk and Opposing Counsel re: CAR-sealing and refiling error in CAR 0.3 Olinsky, Howard D. 1/20/2017 Download, file, save and distribute ECF re: Order-Clerk seal transcript-refile 0 Lockwood, Tamica 1/20/2017 Review Order clerk to seal CAR, Defendant to refile with error in CAR corrected 0.1 Eaglin, Paul B. 2/3/2017 Download, file and save transcript in parts 10 (ten) 0.2 Lockwood, Tamica 2/3/2017 Combine, strip PDF/A, OCR and live bookmark federal court transcript (659 pgs) 0 Lockwood, Tamica 3/20/2017 Telephone call with CLient re: Status update and reminder of process 0.3 Callahan, Michelle 4/3/2017 Download, file, save and distribute ECF re: Order vacated and remanded 0 Lockwood, Tamica 4/3/2017 Review Order vacating and remanding for further proceedings (12 pgs) 0.4 Eaglin, Paul B. 4/3/2017 Download, file, save and distribute ECF re: Clerk's Judgment 0 Lockwood, Tamica 4/3/2017 Review Clerk's Judgment 0.1 Eaglin, Paul B. 4/7/2017 Correspondence to Client re: FDC Remand 0.2 Callahan, Michelle 4/7/2017 Federal Court-Remand Referral back to Referral Source 0.3 Callahan, Michelle 6/26/2017 EAJA Preparation 1.5 Persse, Shannon 6/26/2017 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 6/27/2017 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Persse, Shannon 33.10 (Type = Time) and (Category = Federal Court)   

Exhibit Attorney Tim

Exhibit B Case 3:16-cv-08017-DKD Document 25-2 Filed 06/30/17 Page 2 of 2 Ledger Kinnex, Debra M. Date  Subject Hours Timekeeper 1/29/2016 Review decisions and evidence to determine whether to appeal case 1 Fecio, Michelle 2/2/2016 Draft Application for Pro Hac Vice 0 Olinsky, Howard D. 2/2/2016 Draft Complaint, Proposed Summons, Letter to Clerk, and Civil Cover Sheet 0.6 Olinsky, Howard D. 2/2/2016 Review Motion to Proceed In Forma Pauperis, approve for filing 0.2 Olinsky, Howard D. 2/3/2016 Review Case assigned Hon. David Duncan, research individual rules & practices 0.3 Olinsky, Howard D. 2/3/2016 Review Summons Issued 0.2 Olinsky, Howard D. 2/4/2016 Review Scheduling order, calender deadlines on task pad 0.3 Olinsky, Howard D. 2/5/2016 Review Order granting In Forma Pauperis application, directing service 0.1 Olinsky, Howard D. 2/9/2016 Review Order granting Motion for Pro Hac Vice 0 Olinsky, Howard D. 2/23/2016 Review Notice of appearance Gerald J. Hill o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 2/24/2016 Review Service executed re: proof of service 0.1 Eaglin, Paul B. 2/24/2016 Review Magistrate election form deadline set 0.1 Eaglin, Paul B. 2/24/2016 Review and execute Magistrate consent form 0.1 Olinsky, Howard D. 2/24/2016 Review service executed re: proof of service 0.1 Eaglin, Paul B. 3/10/2016 Emails with Clerk re: Correct magistrate consent form 0 Olinsky, Howard D. 3/10/2016 Review and execute correct magistrate consent form 0 Olinsky, Howard D. 3/11/2016 Review Minute entry case assigned to Magistrate Judge David K. Duncan 0.1 Eaglin, Paul B. 4/18/2016 Review Answer to complaint 0.1 Eaglin, Paul B. 4/18/2016 Preliminary review of transcript-assign Attorney writer 0.5 Eaglin, Paul B. 6/14/2016 Review Certified Administrative record, take notes and organize facts 5.3 Shephard, Betsy R. 6/15/2016 Drafting procedural section and drafting facts 4.3 Shephard, Betsy R. 6/16/2016 Research issues and drafting argument 6.4 Shephard, Betsy R. 6/16/2016 Senior Attorney review draft brief, suggest edits 0.7 Eaglin, Paul B. 6/17/2016 Implement suggested edits, finalize and file brief (n/c for filing) 1 Shephard, Betsy R. 7/18/2016 Review Response brief (17 pages) 0.6 Eaglin, Paul B. 7/18/2016 Assign Attorney writer to access/write reply brief 0.2 Eaglin, Paul B. 7/28/2016 Reply Brief Assessment-no reply 0.8 Van Auken, Alyssa 1/19/2017 Emails w/Clerk and Opposing Counsel re: CAR-sealing and refiling error in CAR 0.3 Olinsky, Howard D. 1/20/2017 Review Order clerk to seal CAR, Defendant to refile with error in CAR corrected 0.1 Eaglin, Paul B. 4/3/2017 Review Order vacating and remanding for further proceedings (12 pgs) 0.4 Eaglin, Paul B. 4/3/2017 Review Clerk's Judgment 0.1 Eaglin, Paul B. 6/26/2017 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 24.60 (Type = Time) and (Category = Federal Court) and ((Timekeeper = Eaglin, Paul B.) or (Timekeeper = Fecio, Michelle) or (Timekee...   

Exhibit Paralegal Time

Exhibit C Case 3:16-cv-08017-DKD Document 25-3 Filed 06/30/17 Page 2 of 3 Ledger Kinnex, Debra M. Date  Subject Hours Timekeeper 12/29/2015 Files received, reviewed and processed from referral source for Attorney review 0.6 Callahan, Michelle 12/29/2015 Correspondence to Client re: Prospect acknowledgment letter mailed 0.2 Callahan, Michelle 12/30/2015 Telephone call with Client re: Debt conference call, explained process 0.4 Callahan, Michelle 2/1/2016 FDC prospect packet prepared for Client completion 0.6 Callahan, Michelle 2/1/2016 Telephone call with Client re: Assistance with in forma pauperis application 0.5 Callahan, Michelle 2/1/2016 FDC prospect packet sent to Client via Right Signature 0.2 Callahan, Michelle 2/2/2016 FDC Prospect packet returned via Right Signature, reviewed for completion 0.3 Smith, Michael P. 2/2/2016 File initial case documents via cm/ecf 0 Smith, Michael P. 2/3/2016 Federal Court-Accept Letter-New FDC Filing 0.3 Smith, Michael P. 2/3/2016 Download, file, save and distribute ECF re: Complaint, Civil Cover Sheet 0 Callahan, Michelle 2/3/2016 Download, file, save and distribute ECF re: Application to Proceed IFP 0 Callahan, Michelle 2/3/2016 Download, file, save and distribute ECF re: Summons submitted 0 Callahan, Michelle 2/3/2016 Dwld, file, save & distribute ECF re: Case assigned to Honorable David K. Duncan 0 Callahan, Michelle 2/3/2016 Download, file, save and distribute ECF re: Summons Issued as to OCG, USAO, AG 0 Callahan, Michelle 2/3/2016 File Application for Pro Hac Vice HDO via cm/ecf 0 Smith, Michael P. 2/3/2016 Download, file, save and distribute ECF re: Motion for Pro Hac Vice 0 Callahan, Michelle 2/4/2016 Download, file, save and distribute ECF re: Scheduling Order 0 Callahan, Michelle 2/5/2016 Download, file, save and distribute ECF re: Order granting IFP appilcation 0 Callahan, Michelle 2/9/2016 Download, file, save and distribute ECF re: Pro Hac Vice fee paid 0 Callahan, Michelle 2/9/2016 Download, file, save and distribute ECF re: Order granting Pro Hac Vice 0 Callahan, Michelle 2/11/2016 Federal Court-Service of Process-Prepare Service Packets USAO, OGC, AG 0.6 Callahan, Michelle 2/22/2016 Download, file, and save electronic return receipts USAO, OGC, AG 0 Callahan, Michelle 2/23/2016 Dwld, file, save & distribute ECF re: Notice of appearance Gerald J. Hill 0 Callahan, Michelle 2/24/2016 Download, file, save and distribute ECF re: Magistrate election form deadline 0 Callahan, Michelle 2/24/2016 Combine and File Proof of service via CM/ECF 0.3 Callahan, Michelle 2/24/2016 Download, file, save and distribute ECF re: Service executed 0 Callahan, Michelle 2/24/2016 Emails with Opposing Counsel re: Executed Magistrate consent 0.2 Smith, Michael P. 3/3/2016 Download, file, save and distribute ECF re: Consent to Magistrate Judge 0 Callahan, Michelle 3/10/2016 Corresp. to Clerk and Opposing Counsel re: Corrected magistrate consent form 0 Smith, Michael P. 3/11/2016 Download, file, save and distribute ECF re: Consent to Magistrate Judge 0 Callahan, Michelle 3/11/2016 Download, file, save and distribute ECF re: Minute entry Judge Duncan assigned 0 Callahan, Michelle 4/18/2016 Download, file, save and distribute ECF re: Answer to Complaint 0 Callahan, Michelle 4/18/2016 Download, file and save FDC transcript in 10 (ten) parts 0.2 Callahan, Michelle 4/18/2016 Combine, strip PDF/A, OCR and live bookmark federal court transcript (659 pgs) 0.7 Callahan, Michelle 6/20/2016 Download, file, save and distribute ECF re: Opening brief 0 Callahan, Michelle 7/18/2016 Download, file, save and distribute ECF re: Response brief 0 Lockwood, Tamica 1/20/2017 Download, file, save and distribute ECF re: Order-Clerk seal transcript-refile 0 Lockwood, Tamica 2/3/2017 Download, file and save transcript in parts 10 (ten) 0.2 Lockwood, Tamica 2/3/2017 Combine, strip PDF/A, OCR and live bookmark federal court transcript (659 pgs) 0 Lockwood, Tamica 3/20/2017 Telephone call with CLient re: Status update and reminder of process 0.3 Callahan, Michelle 8.50 (Category = Federal Court) and (Type = Time) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Lockwood, Tamica) or (T...    Case 3:16-cv-08017-DKD Document 25-3 Filed 06/30/17 Page 3 of 3 Date  Subject Hours Timekeeper 4/3/2017 Download, file, save and distribute ECF re: Order vacated and remanded 0 Lockwood, Tamica 4/3/2017 Download, file, save and distribute ECF re: Clerk's Judgment 0 Lockwood, Tamica 4/7/2017 Correspondence to Client re: FDC Remand 0.2 Callahan, Michelle 4/7/2017 Federal Court-Remand Referral back to Referral Source 0.3 Callahan, Michelle 6/26/2017 EAJA Preparation 1.5 Persse, Shannon 6/27/2017 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Persse, Shannon 8.50 (Category = Federal Court) and (Type = Time) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Lockwood, Tamica) or (T...   

Exhibit Expenses

Exhibit D Case 3:16-cv-08017-DKD Document 25-4 Filed 06/30/17 Page 2 of 2 Ledger Kinnex, Debra M. Date  Subject Amount Timekeeper 2/11/2016 Certified Mail Expense Summons and Complaint packets to Defendants $20.19 Callahan, Michelle $20.19 (Category = FC Expense-)   

Exhibit Affirmation and Waiver of Direct Payment of EAJA Fees

Exhibit E Case 3:16-cv-08017-DKD Document 25-5 Filed 06/30/17 Page 2 of 2 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA (PRESCOTT DIVISION)--------------------------------------------------------------MS. DEBRA M. KINNEX, AFFIRMATION AND WAIVER OF DIRECT PAYMENT Plaintiff, OF EAJA FEES v. Civil Action No.: _________________ CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, Defendant.---------------------------------------------------------------Ms. Debra M. Kinnex, 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 February 1, 2016. __________________________ Ms. Debra M. Kinnex Plaintiff

Memorandum in Support

Case 3:16-cv-08017-DKD Document 25-6 Filed 06/30/17 Page 1 of 4 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 Debra M. Kinnex 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Debra M. Kinnex, 13 14 Civil No. 3-16-cv-08017-PCT-DKD Plaintiff, 15 16 vs. MEMORANDUM IN SUPPORT OF 17 PLAINTIFF’S PETITION FOR 18 Commissioner of Social Security, COUNSEL FEES ALLOWANCE UNDER EQUAL ACCESS TO 19 Defendant JUSTICE ACT, 28 U.S.C. § 2412 20 21 Memorandum In Support of Plaintiff’s Petition for Counsel Fees 22 Allowance Under Equal Access to Justice Act 23 1. This is a memorandum in support of a petition for an award of 24 25 Counsel Fees under the Equal Access to Justice Act 28 USCS § 2412 "EAJA." 26 27 28 Page 8 Case 3:16-cv-08017-DKD Document 25-6 Filed 06/30/17 Page 2 of 4 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 Briefs by both parties, the Court issued a Decision and Order remanding to the 22 Commissioner for further administrative proceedings under sentence four of 42 23 U.S.C. § 405(g). 24 25 (c) Judgment was entered on April 3, 2017. The Judgment has 26 not been appealed. 27 (d) Plaintiff has prevailed because the District Court remanded 28 Page 9 Case 3:16-cv-08017-DKD Document 25-6 Filed 06/30/17 Page 3 of 4 1 the case under sentence four of 42 U.S.C. § 405(g). Shalala v. Schaefer, 509 U.S. 2 292 (U.S. 1993). 3 4 4. The commissioner was not substantially justified. As the U. S. 5 6 Supreme Court has held, "the required'not substantially justified’ allegation 7 imposes no proof burden on the fee applicant. It is, as its text conveys, nothing 8 more than an allegation or pleading requirement. The burden of establishing'that 9 10 the position of the United States was substantially justified’ … must be shouldered 11 by the Government." Scarborough v. Principi, 541 U. S. 401, 414 (2004). While 12 the fee applicant such as Plaintiff is required to "show" three of the four 13 elements—prevailing party status, financial eligibility, and amount sought— 14 15 Plaintiff need only "to allege" that the position of the government is not 16 substantially justified. Id. 17 WHEREFORE, because all four elements of an allowable application for 18 19 EAJA fees have been proven, petitioner requests that the Court issue an order: 20 21 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,589.93; and 22 23 2. Awarding Expenses in the amount of $20.19; and 24 3. If the Plaintiff has no debt registered with the Department of Treasury 25 subject to offset that the fees be made payable to the attorney. 26 27 28 Page 10 Case 3:16-cv-08017-DKD Document 25-6 Filed 06/30/17 Page 4 of 4 1 Executed this June 30, 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: John S. Leonardo 9 United States Attorney 10 Gerald J. Hill, Esq. 11 Special Assistant U.S. Attorney 12 Office of the General Counsel Social Security Administration 13 701 Fifth Avenue, Suite 2900 M/S 221A 14 Seattle, WA 98104 15 State Bar No. OR004891 Telephone: (206) 615-2139 16 Facsimile: (206) 615-2531 17 Email: gerald.j.hill@ssa.gov 18 Attorneys for Defendant 19 20 21 22 23 24 25 26 27 28 Page 11

Certificate of Local Rule 54.2 (D) (1)

Case 3:16-cv-08017-DKD Document 25-7 Filed 06/30/17 Page 1 of 2 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 Debra M. Kinnex 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Debra M. Kinnex, 13 14 Civil No. 3-16-cv-08017-PCT-DKD Plaintiff, 15 16 vs. CERTIFICATE OF LOCAL RULE 17 54.2 (D) (1) 18 Commissioner of Social Security, 19 Defendant 20 21 Certificate of Local Rule 54.2 (D) (1) 22 23 I certify that I have conferred with Counsel for Defendant via emails on 24 June 27, 2017, June 29, 2017 and June 30, 2017 regarding Plaintiff’s Motion for 25 Attorney’s Fees Pursuant to the Equal Access to Justice Act. Opposing counsel 26 27 presently opposes Plaintiff’s request. 28 Page 12 Case 3:16-cv-08017-DKD Document 25-7 Filed 06/30/17 Page 2 of 2 1 To: John S. Leonardo 2 United States Attorney 3 Gerald J. Hill, Esq. 4 Special Assistant U.S. Attorney Office of the General Counsel 5 Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104 State Bar No. OR004891 8 Telephone: (206) 615-2139 9 Facsimile: (206) 615-2531 10 Email: gerald.j.hill@ssa.gov 11 Attorneys for Defendant 12 13 June 30, 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 13

Certificate of Service

Case 3:16-cv-08017-DKD Document 25-8 Filed 06/30/17 Page 1 of 2 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 Debra M. Kinnex 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Debra M. Kinnex, 13 14 Civil No. 3-16-cv-08017-PCT-DKD Plaintiff, 15 16 vs. CERTIFICATE OF SERVICE 17 18 Commissioner of Social Security, 19 Defendant 20 21 Certificate of Service 22 23 I certify that I have electronically moved for EAJA fees with the Clerk of 24 the District Court using the CM/ECF system, which sent notification of such filing 25 to: 26 27 To: John S. Leonardo United States Attorney 28 Page 14 Case 3:16-cv-08017-DKD Document 25-8 Filed 06/30/17 Page 2 of 2 1 Gerald J. Hill, Esq. 2 Special Assistant U.S. Attorney Office of the General Counsel 3 Social Security Administration 4 701 Fifth Avenue, Suite 2900 M/S 221A 5 Seattle, WA 98104 6 State Bar No. OR004891 Telephone: (206) 615-2139 7 Facsimile: (206) 615-2531 8 Email: gerald.j.hill@ssa.gov 9 Attorneys for Defendant 10 11 June 30, 2017 12/s/Howard D. Olinsky 13 Howard D. Olinsky, Esq. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 15

NOTICE OF ATTORNEY APPEARANCE: Lars J. Nelson appearing for Commissioner of Social Security Administration. Attorney Gerald J Hill terminated.

Case 3:16-cv-08017-DKD Document 26 Filed 07/06/17 Page 1 of 3 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Lars J. Nelson 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. MN0389274 8 Fax: (206) 615-2531 lars.nelson@ssa.gov 9 Telephone: (206) 615-2732 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Debra M Kinnex, No. CV-16-8017-PCT-DKD 14 15 Plaintiff, 16 DEFENDANT’S NOTICE OF vs. SUBSTITUTION 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 PLEASE TAKE NOTICE that the Defendant in the above-entitled action, 22 23 without waiving any objection to, inter alia, service, venue, or jurisdiction, hereby 24 gives Notice that Gerald J Hill is withdrawn as counsel to the Commissioner of 25 Social Security. All future mailings regarding this case should be sent to: 26 27 28 Case 3:16-cv-08017-DKD Document 26 Filed 07/06/17 Page 2 of 3 1 Lars J. Nelson 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. MN0389274 Fax: (206) 615-2531 6 lars.nelson@ssa.gov Telephone: (206) 615-2732 7 8 You are advised that service of all further pleadings, notices, documents or other 9 papers herein, not filed electronically, may be made upon Defendant by serving the 10 above-named attorneys at their respective addresses. 11 12 DATED this 6th day of July 2017. 13 Respectfully submitted, 14 15 ELIZABETH A. STRANGE Acting United States Attorney 16 District of Arizona 17 s/Lars J. Nelson 18 LARS J. NELSON 19 Special Assistant United States Attorney 20 Of Counsel for the Defendant: 21 MATHEW W. PILE 22 Acting Regional Chief Counsel, Social Security Administration Office of the General Counsel, Region X 23 701 Fifth Avenue, Suite 2900 M/S 221A 24 Seattle, WA 98104-7075 25 26 27 28 2 Case 3:16-cv-08017-DKD Document 26 Filed 07/06/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Notice of Substitution was filed with the Clerk 3 of the Court on July 6, 2017, using the CM/ECF system which will send notification of 4 5 such filing to the following: Howard D Olinsky. 6 s/Megan Moore 7 MEGAN MOORE 8 Paralegal Specialist Office of the General Counsel 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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

Case 3:16-cv-08017-DKD Document 27 Filed 07/13/17 Page 1 of 2 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Lars J. Nelson 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. MN0389274 8 Fax: (206) 615-2531 lars.nelson@ssa.gov 9 Telephone: (206) 615-2732 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Debra M Kinnex, 14 No. CV-3:16-cv-08017-DKD 15 Plaintiff, 16 DEFENDANT’S RESPONSE TO vs. PLAINTIFF’S MOTION FOR 17 ATTORNEY FEES Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 Defendant, the Commissioner of Social Security, files this response to Plaintiff’s 22 request for an award of attorney’s fees pursuant to 28 U.S.C. § 2412 as set forth in 23 Plaintiff’s Motion (Docket #24). The Commissioner has given substantive consideration to 24 25 the merits of Plaintiff’s request and found no basis to object. Therefore, Defendant has no 26 objection to this request and will defer to the Court’s assessment of the matter. 27 DATED this 13th day of July 2017. 28 Case 3:16-cv-08017-DKD Document 27 Filed 07/13/17 Page 2 of 2 1 Respectfully submitted, 2 ELIZABETH A. STRANGE 3 Acting United States Attorney District of Arizona 4 5 s/Lars J. Nelson LARS J. NELSON 6 Special Assistant United States Attorney 7 Of Counsel for the Defendant: 8 MATHEW W. PILE 9 Acting Regional Chief Counsel, Social Security Administration 10 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 11 Seattle, WA 98104-7075 12 13 14 CERTIFICATE OF SERVICE 15 I hereby certify that the foregoing Defendant’s Response to Plaintiff’s Motion for 16 17 Attorney Fees was filed with the Clerk of the Court on July 13, 2017, using the CM/ECF 18 system which will send notification of such filing to the following: Howard D Olinsky. 19 20 s/Lars J. Nelson 21 LARS J. NELSON Special Assistant U.S. Attorney 22 Office of the General Counsel 23 24 25 26 27 28 2

ORDER - IT IS ORDERED granting Debra M. Kinnex's Motion for Attorney's Fees Pursuant to EAJA (Doc. [24]) in the amount of $5,609.22, payable to Kinnex and sent to: Howard D. Olinsky Olinsky Law Group 300 South State Street, Ste. 420 Syracuse, NY 13202. IT IS FURTHER ORDERED that if, after receiving the Court's EAJA fee order, the Commissioner (1) determines upon effectuation of the Court's EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive the requirements of the Anti-Assignment Act, the fees will be made payable to Plaintiff's attorney. However, if there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti- Assignment Act, and the remaining EAJA fees after offset will be paid only by a check made out to Plaintiff but delivered to Plaintiff's attorney. (See document for further details). Signed by Magistrate Judge David K Duncan on 8/4/17.

Case 3:16-cv-08017-DKD Document 28 Filed 08/04/17 Page 1 of 2 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Debra M. Kinnex, No. CV-16-8017-PCT-DKD 10 Plaintiff, 11 v. ORDER 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 After the Court remanded her case for further proceedings, Plaintiff Debra M. 17 Kinnex, through counsel, applied for attorney fees under the Equal Access to Justice Act. 18 (Docs. 24, 25) Defendant found no basis to object to the request.1 (Doc. 27) 19 The Court may award attorney’s fees under the Equal Access to Justice act if "(1) 20 the plaintiff is the prevailing party; (2) the government has not met its burden of showing 21 that its positions were substantially justified or that special circumstances make an award 22 unjust; and (3) the requested attorney’s fees and costs are reasonable." Perez-Arellano v. 23 Smith, 279 F.3d 791, 793 (9th Cir. 2002) (citing 28 U.S.C. § 2412(d)(1)(A)). Here, 24 Kinnex was the prevailing party, the government does not object, and the Court 25 concludes that the requested fees and costs are reasonable. Accordingly, Kinnex is 26 entitled to an award of attorney’s fees in the amount of $5,609.22. 27 28 1 The Court notes that this represents a changed position for Defendant. (Doc. 25-7 at 1) Case 3:16-cv-08017-DKD Document 28 Filed 08/04/17 Page 2 of 2 1 IT IS ORDERED granting Debra M. Kinnex’s Motion for Attorney’s Fees 2 Pursuant to EAJA (Doc. 24) in the amount of $5,609.22, payable to Kinnex and sent to: 3 Howard D. Olinsky 4 Olinsky Law Group 300 South State Street, Ste. 420 5 Syracuse, NY 13202 6 IT IS FURTHER ORDERED that if, after receiving the Court’s EAJA fee order, 7 the Commissioner (1) determines upon effectuation of the Court’s EAJA fee order that 8 Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, 9 and (2) agrees to waive the requirements of the Anti-Assignment Act, the fees will be 10 made payable to Plaintiff’s attorney. However, if there is a debt owed under the Treasury 11 Offset Program, the Commissioner cannot agree to waive the requirements of the Anti-12 Assignment Act, and the remaining EAJA fees after offset will be paid only by a check 13 made out to Plaintiff but delivered to Plaintiff’s attorney. 14 Dated this 4th day of August, 2017. 15 16 17 18 19 20 21 22 23 24 25 26 27 28-2-

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Description
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02/02/2016
COMPLAINT filed by Debra M Kinnex. (submitted by Howard Olinsky)
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Civil Cover Sheet
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https://ecf.azd.uscourts.gov/doc1/025115436548" onClick="goDLS{{'/doc1/025115436548','963847','6','','2','1','',''}};">2</a> Letter)
2 Attachments
2
02/02/2016
APPLICATION for Leave to Proceed In Forma Pauperis by Debra M Kinnex.(submitted by Howard Olinsky)
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02/02/2016
SUMMONS Submitted by Debra M Kinnex.(submitted by Howard Olinsky)
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Summons
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https://ecf.azd.uscourts.gov/doc1/025115436612" onClick="goDLS{{'/doc1/025115436612','963847','10','','2','1','',''}};">2</a> Summons)
2 Attachments
4
02/02/2016
*This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-16-8017-PCT-DKD. Magistrate Election form attached.
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https://ecf.azd.uscourts.gov/doc1/025115436631" onClick="goDLS{{'/doc1/025115436631','963847','12','','2','1','',''}};">1</a> instructions)(EJA) *Modified docket text to correct case number; NEF regenerated on 2/3/2016
1 Attachment
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02/02/2016
Summons Issued as to Carolyn W Colvin. *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Summons
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https://ecf.azd.uscourts.gov/doc1/025115436644" onClick="goDLS{{'/doc1/025115436644','963847','14','','2','1','',''}};">2</a> Summons)
2 Attachments
6
02/03/2016
MOTION for Admission Pro Hac Vice as to attorney Howard D. Olinsky by Debra M Kinnex.
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Letter to Clerk
1 Attachment
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02/04/2016
SOCIAL SECURITY SCHEDULING ORDER. See document for details. Signed by Magistrate Judge David K Duncan on 2/4/16.
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02/05/2016
ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Plaintiff shall be responsible for service by waiver or of the summons and complaint. Signed by Magistrate Judge David K Duncan on 2/5/16.
02/09/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX168254 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.)
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02/09/2016
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.)
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02/23/2016
NOTICE OF ATTORNEY APPEARANCE: Gerald J. Hill appearing for Carolyn W Colvin.
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02/23/2016
Magistrate Election Form Deadline set as to Carolyn W Colvin.
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https://ecf.azd.uscourts.gov/doc1/025115522465" onClick="goDLS{{'/doc1/025115522465','963847','29','','2','1','',''}};">1</a> Consent Form)
1 Attachment
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02/24/2016
SERVICE EXECUTED filed by Debra M Kinnex: Proof of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office, Office of General Counsel, Attorney General on 2/16/2016.
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03/03/2016
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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03/10/2016
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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03/10/2016
Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge David K. Duncan conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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04/18/2016
ANSWER to 1 Complaint by Carolyn W Colvin.
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04/18/2016
*NOTICE of Filing Certified Copy of Administrative Transcript re: 16 Answer to Complaint filed by Carolyn W Colvin. *.
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Certification Page
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Court Transcript Index
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Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable
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Payment Documents and Decisions
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Jurisdictional Documents and Notices
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Non Disability Related Development
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Disability Related Development
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Medical Records Part 1
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https://ecf.azd.uscourts.gov/doc1/025115752325" onClick="goDLS{{'/doc1/025115752325','963847','43','','2','1','',''}};">9</a> Medical Records Part 2) *Modified on 1/19/2017 to seal document pursuant to DKD Chambers
9 Attachments
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06/17/2016
OPENING BRIEF by Debra M Kinnex.
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07/18/2016
RESPONSE BRIEF by Carolyn W Colvin.
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01/20/2017
ORDER - the Clerk shall seal the administrative record at Document [17]. Within 14 days of the date of this Order, Defendants shall refile a certified copy of the administrative record with pages 522-525 replaced with blank and numbered pages. Signed by Magistrate Judge David K Duncan on 1/20/17.
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02/03/2017
NOTICE of Filing Certified Copy of Administrative Transcript re: [16] Answer to Complaint, [20] Order filed by Commissioner of Social Security Administration.
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Certification Page
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Court Transcript Index
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Documents Related to Administrative Process Including Transcript of Oral Hearin
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Payment Documents and Decisions
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Jurisdictional Documents and Notices
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Non Disability Related Development
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Disability Related Development
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Medical Records Part 1
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Medical Records Part 2
9 Attachments
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04/03/2017
ORDER - IT IS THEREFORE ORDERED that the final decision of the Commissioner is VACATED, and this matter is REMANDED to the Commissioner for further proceedings consistent with this Order. The Clerk of the Court shall enter judgment accordingly. (See document for further details). Signed by Magistrate Judge David K Duncan on 4/3/17.
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04/03/2017
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed April 3, 2017, the decision of the Commissioner of Social Security is vacated and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.
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06/30/2017
First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed by Debra M Kinnex.
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Text of Proposed Order
1 Attachment
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06/30/2017
AFFIDAVIT of Howard D. Olinsky, Esq. re: [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed by Plaintiff Debra M Kinnex.
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Exhibit All Professional Time
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Exhibit Attorney Tim
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Exhibit Paralegal Time
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Exhibit Expenses
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Exhibit Affirmation and Waiver of Direct Payment of EAJA Fees
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Memorandum in Support
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Certificate of Local Rule 54.2 (D) (1)
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Certificate of Service
8 Attachments
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07/06/2017
NOTICE OF ATTORNEY APPEARANCE: Lars J. Nelson appearing for Commissioner of Social Security Administration. Attorney Gerald J Hill terminated.
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07/13/2017
RESPONSE to Motion re: [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed filed by Commissioner of Social Security Administration.
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08/04/2017
ORDER - IT IS ORDERED granting Debra M. Kinnex's Motion for Attorney's Fees Pursuant to EAJA (Doc. [24]) in the amount of $5,609.22, payable to Kinnex and sent to: Howard D. Olinsky Olinsky Law Group 300 South State Street, Ste. 420 Syracuse, NY 13202. IT IS FURTHER ORDERED that if, after receiving the Court's EAJA fee order, the Commissioner (1) determines upon effectuation of the Court's EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive the requirements of the Anti-Assignment Act, the fees will be made payable to Plaintiff's attorney. However, if there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti- Assignment Act, and the remaining EAJA fees after offset will be paid only by a check made out to Plaintiff but delivered to Plaintiff's attorney. (See document for further details). Signed by Magistrate Judge David K Duncan on 8/4/17.
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