Lewis v. Commissioner of Social Security Administration
Court Docket Sheet

District of Arizona

3:2017-cv-08126 (azd)

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14406467 filed by Teresa E Lewis. (submitted by Edward Wicklund)

Case 3:17-cv-08126-DLR Document 1 Filed 07/06/17 Page 1 of 8 1 Edward A Wicklund, Esq. 2 Olinsky Law Group One Park Place 3 300 South State Street 4 Suite 420 Syracuse, NY l3202 5 N.Y. Bar No. 5027818 6 Telephone: (315) 701-5780 Facsimile: (315) 701-5781 7 twicklund@windisability.com 8 Attorney for Plaintiff, Teresa E. Lewis 9 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 11 PRESCOTT DIVISION 12 TERESA E. LEWIS,) NO. 13 Soc.Sec. #XXX-XX-l04l,) 14 Plaintiff,) 15) v.) COMPLAINT 16) NANCY A. BERRYHILL, acting 17) Commissioner of Social Security,) 18 Defendant.) 19) 20 Plaintiff, Teresa E. Lewis, by her attorney, Edward A. Wicklund, alleges as 21 22 follows: 23 The jurisdiction of this Court is invoked pursuant to 42 U.S.C. §§ 405(g) 1. 24 and l383(c)(3) to review a decision of the Commissioner of Social Security denying 25 26 Plaintiff s application for Social Security Disability Insurance benefits and Supplemental 27 Security Income benefits for lack of disability. 28 Case 3:17-cv-08126-DLR Document 1 Filed 07/06/17 Page 2 of 8 1 2. This action is an appeal from a final administrative decision denying 2 Plaintiff s claim. 3 3. This action is commenced within the appropriate time period set forth in the 4 5 attached Appeals Council Notice dated May 9,2017. (Exhibit A). 6 4. Plaintiff, whose social security number is XXX-XX-I041, resides in 7 Congress, Yavapai County, Arizona, which is within this judicial district and division. 8 9 5. The Defendant, Nancy A. Berryhill, is the acting Commissioner of Social 10 Security of the United States of America. 11 6. Plaintiff is disabled. 12 13 7. The agency committed error of law by denying Appeals Council review of 14 the decision by the Administrative Law Judge, or otherwise to deny relief that was within 15 the authority of the Appeals Council. 16 17 8. The conclusions and findings of fact of the Defendant are not supported by 18 substantial evidence and are contrary to law and regulation. 19 WHEREFORE, Plaintiff prays that this Court: 20 21 1. Find that the Plaintiff is entitled to Social Security Disability Insurance 22 benefits and Supplemental Security Income benefits under the provisions of the Social 23 Security Act; or 24 25 2. Remand the case for a further hearing; 26 Award attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 3. 27 2412, on the grounds that the Commissioner's action in this case was not substantially 28 justified; and Case 3:17-cv-08126-DLR Document 1 Filed 07/06/17 Page 3 of 8 1 4. Order such other and further relief as the Court deems just and proper. 2 Dated this 6th day of July, 2017. 3 4 5 BY: s/Edward A. Wicklund Edward A. Wicklund, Esq. 6 Attorney for Plaintiff 7 (Pending Admission Pro Hac Vice) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Case 3:17-cv-08126-DLR Document 1 Filed 07/06/17 Page 5 of 8.Q SOCIAL SECURITY ADMINISTRATION ~ MftJ Refer to: TI.C Office of Disability Adjudication ~~041 and Review-• 5107 Leesburg Pike Falls Churoh, VA 22041-3255 = i iii Telephone: (877) 670-2722-!i iiii Date: May 9, 2017 iii!!!! RECEIVED ~ NOTICE OF APPEALS COUNCIL ACTION HAY 752017..==!!! ~ iii Ms. Teresa E Lewis!!!! iii II!!! iii!iii This is about your request for review ofthe Administrative Law Judge's decision dated == Ii January 14,2016. You submitted reasons that you disagree with the decision. We considered I ~ the reasons and exhibited them on the enclosed Order ofthe Appeals Council. We found that the--= iii iiii reasons do not provide a basis for changing the Administrative Law Judge's decision. i ii We Have Denied Your Request lor Review == == I = We found no reason lUlder our rules to review the Administrative Law Judge's decision. lberefore, we have denied your request for review. This means that the Administrative Law Judge's decision is the final decision ofthe I Commissioner of Social Security in your case. Rules We AppHed I We applied the laws, regulations and rulings in effect as of the date we took this action. i Under our rules, we will review your case for any ofthe following reasons: • The Administrative Law Judge appears to have abused his or her discretion. • nlere is an error of law. • The decisioll is not supported by substantial evidence. It I.co • TIlere is a broad policy or procedural issue that may affect the public interest. • We receive additional evidence ilia! you show is new, material. and relates to the period on or before the date ofthe hearing decision. You must also show there is a reasonable Suspect Soda} Sec1lrity Fraud? Please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101). See Ned Page Case 3:17-cv-08126-DLR Document 1 Filed 07/06/17 Page 6 of 8 Teresa E Lewis _1041) Page 2 of3 probability that the additional evidence would cbange the outcome of the decision. You must show good cause for why you missed intonning us about or submitting it earlier. If You Disagree With Our Action If you disagree with our action, you may ask tOr court review of the Administrative Law Judge's decision by filing a civil action. If you do not ask for court review, the Administrative Law Judge's decision will be a final decision that can be changed only under special rules. How to File a Ovil Action You may file a civil action (ask for court review) hy tiling a complaint in the United States District Court for the judicial district in which you live. The complaint should name the Commissioner of Social Security as the defendant and should include the Social Security number(s) shown atthetop ofthis let1er. You or your representative must deliver copies of your complaint and ofthe summons issued by the court to the U.S. Attorney for tlle judicial dibtrict where you fil~ your complaint, as provided in rule 4(i) of the Federal Rules of Civil Procedure. You or your representative must also send copies of tile complaint and summons, by certified or registered mail, to the Social Security Administration's Office ofthe General Counsel that is responsible for the processing and handling of litigation in the particular judicial district in which the complaint is filed. The names, addresses, and jurisdictional responsibilities of these offices are published in the Federal Register (70 FR 73320~ December 9,2005), and are available on-line at the Social Security Administration's Internet site, http://policy.ssa.gov/poms.nst71inksl0203106020. You or your representative must also send copies ofthe complaint and summons, by certified or registered mail, to the Attorney General of the United States, Washington, DC 20530. Time To FOe a Civn Adion • You have 60 days to file a civil action (ask for court review). • The 60 days start the day after you receive thi~ letter. We assume you received this letter 5 days after tlte date on it unless you show us that you did not receive it within the 5~day period. • If you cannot file for court review within 60 days, you may ask the AppeaJs Council to extend your time to file. You mu!,'!: have a good reason fOr waiting more than 60 days to ask for court review. You must make the request in writing and give your reason(s) in the request. See Next Page Case 3:17-cv-08126-DLR Document 1 Filed 07/06/17 Page 7 of 8 Teresa E Lewis 1041) Page 3 of3 •;;; You must mail your request for more time to the Appeals Council at the address shown at tile top of this notice. Please put the Social Security number(s) also shown at the top ofthis iii notice on your request. We will send you a letter telling you whether your request for more-5i!i i!!!! IiiIii time has been granted.;;; About The Law-==!II!II Ii The right to court review for claims under Title II (Social Security) is provided for in Section == 205(g) of the Social Security Act. This section is also Section 40S(g) of Title 42 of the United == iii States Code.!II;;;!iii The right to court review for claims under Title XVI (Supplemental Security Income) is!II!iii provided for in Section 1631(cX3) ofthe Social Security Act. This section is also Section • 1383(c) o~Titi~ 42 ofthe United States Code.-== I!iii The rules on filing civil actions are Rules 4(c) and (i) ill the Federal Rules of Civil Procedure...=!iii iii If You Have Any Questions == Ii I = If you have any questions, you may call, write, or visit any Social Security office. If you do call or visit an office, please have this notice with you. The telephone number of the local officethal serves your area is (877)457-1733. Its address is: Social Security 205 North Marina Prescott, AZ 86301-3105 I i Margaret A. Brock i Appeals Officer i I Enclosure: Order of Appeals Council $ ~ cc: Bradford D. Myler i... P.O. Box 127:: Lehi. UT 84043-0127------~ Case 3:17-cv-08126-DLR Document 1 Filed 07/06/17 Page 8 of 8 iiii!!!:; iii;;;;;;;; Social Security Administration • OFFICE OF DISABILITY ADJUDICATION AND REVIEW.. iii;;;; iiiiii ~ ORDER OF APPEALS COUNCIL!!! iii!!! IN THE CASE OF CLAIM FOR iiii-= II!! i iii iiii Period of Disability Disability Insurance Benefits ii Teresa E Lewis Supplemental Security Income =-I;;;; (Claimant)....~10_4~1__~~________ (Wage Earner) (Social Security Number)-i ii I = •= The Appeals Council has received additional evidence which it is making part of the record That evidence consists ofthe following exhibits: I Exhibit 14B Request for Review dated February 5,2016 (4 pages) Exlubit23E Representative Brief & addendum dated March 28,2016 (10 pages) Date: May 9,2017 II • •

Civil Cover Sheet

Case 3: 17-cv-08126-DLR Document 1-1 Filed 07/06/17 Page 1 of 2 bin generate civil js4 pl UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Civil Cover Sheet This automated IS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the District of Arizona. The completed cover sheet must be printed directly to PDF and filed as an attachment to the Complaint or Notice of Removal. Plaintiff(S): Teresa E. Lewis Defendant(s): County of Residence: Yavapai County of Residence: Yavapai County Where Claim For Relief Arose: Yavapai Plaintiff's Atty(s): Defendant s Atty(s): Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State Street, Ste. 420 Syracuse, New York 13202 315-701-5780 IFP REQUESTED II. Basis of Jurisdiction: 2. U. S. Government Defendant III. Citizenship of Principal Parties (Diversity Cases Only) Plaintiff:-N/A Defendant:-N/A IV. Origin: 1. Original Proceeding V. Nature of Suit 863 DIWC/DIWW (405 (g) VI Cause of Action: 42 USC 405 (g) and 42 USC 1383 (c) (3): Denial of Social Security Disability Insurance benefits and Supplemental Security Income benefits. VII. Requested in Complaint Class Action: No of 2 7/6/17, 9: 22 AM Case 317-cv-08126-DLR Document 11 Filed 07/06/17 Page 2 of 2 http://www.azd. uscourts.gov/cgi-bin/generate civil is44. dl Dollar Demand: Jury Demand: No VIII. This case is not related to another case. Signature: s/Edward A. Wicklund Date: 7/6 2017 If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Buck button in your browser and change it. Once correct, save this form as a PDF and include it as an attachment to your case opening documents. Revised: 01/2014 2 of 2 7/6/17, 9: 22 AM

SUMMONS Submitted by Teresa E Lewis. (submitted by Edward Wicklund)

Case 3: 17-cv-08126-DLR Document 2 Filed 07/06/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona TERESA E. LEWIS Plaintiffs) Civil Action No. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant s name and address) United States Attorney's Office District of Arizona Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, AZ 85004-4408 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a) (2) or (3) ou must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St, Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3: 17-cv-08126-DLR Document 2 Filed 07/06/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (0) This summons for (name of individual and title, if any) was received by me on (date) o I personally served the summons on the individual at (place) on (date) Or 0 I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or O I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or o I returned the summons unexecuted because or 0 Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

Summons

Case 3: 17-cv-08126-DLR Document 2-1 Filed 07/06/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona TERESA E. LEWIS Plaintif(s) Civil Action No. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) Office of the Regional Chief Counsel, Region X Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a) (2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3: 17-cv-08126-DLR Document 2-1 Filed 07/06/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1) This summons for (name of individual and title, if any) was received by me on (date) O I personally served the summons on the individual at (place) on (date) Or------------0 I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or o I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or o I returned the summons unexecuted because Or 0 Other (specify). My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server s address Additional information regarding attempted service, etc:

Summons

Case 3: 17-cv-08126-DLR Document 2-2 Filed 07/06/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona TERESA E. LEWIS Plaintiffs) Civil Action No. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) United States Attorney General Constitution Avenue & 10th St., NW Washington, DC 20530 A lawsuit has been filed against you. " ithin 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R.. Civ. P. 12 (a) (2) or (3) – you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St, Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3: 17-cv-08126-DLR Document 2-2 Filed 07/06/17 Page 2 of 2 AO 440 (Rev, 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 () This summons for (name of individual and title, if any) was received by me on (date) O I personally served the summons on the individual at (place) on (date) Or 0 I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date), and mailed a copy to the individual's last known address; or o I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or o I returned the summons unexecuted because Or 0 Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

Filing fee paid, receipt number 0970-14406467. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-17-08126-PCT-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.

Case 3:17-cv-08126-DLR Document 3 Filed 07/06/17 Page 1 of 1 AO 85 (Rev. 8/97) Notice, Consent, and Order of Reference-Exercise of Jurisdiction by a United States Magistrate Judge (For Use In Civil Cases With District Judge as Presider) UNITED STATES DISTRICT COURT _______________________________ District of __________________________________________________ NOTICE, CONSENT, AND ORDER OF REFERENCE-Plaintiff EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE v. Case Number: Defendant NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P.73, you are hereby notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties in this case hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Signatures Party Represented Date _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ ORDER OF ASSIGNMENT IT IS HEREBY ORDERED that this case be assigned to ______________________________________________________ United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c), Fed.R.Civ.P. 73 and the foregoing consent of the parties. All further documents filed with the court are to carry the following case number ________________________________________. ________________ _____________________________________________________________________________________ Date United States District Judge NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

Summons Issued as to Commissioner of Social Security Administration, U.S. Attorney and U.S. Attorney General.

Case 3: 17-cv-08126-DLR Document 4 Filed 07/06/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona TERESA E. LEWIS Plaintiffs) Civil Action No. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) United States Attorney's Office District of Arizona Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, AZ 85004-4408 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a) (2) or (3) ou must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St, Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint You also must file your answer or motion with the court. TES DIST CLERK OF COURT Date: Signature of Clerk CT OF AP ISSUED ON 3: 32 pm, Jul 06, 2017 s/Brian D. Karth, Clerk Case 3: 17-cv-08126-DLR Document 4 Filed 07/06/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (0) This summons for (name of individual and title, if any) was received by me on (date) o I personally served the summons on the individual at (place) on (date) Or 0 I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or O I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or o I returned the summons unexecuted because or 0 Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

Summons

Case 3: 17-cv-08126-DLR Document 4-1 Filed 07/06/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona TERESA E. LEWIS Plaintif(s) Civil Action No. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) Office of the Regional Chief Counsel, Region X Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 A lawsuit has been filed against you Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a) (2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. TES DIST CLERK OF COURT Date: Signature of Clerk ACT OF AP ISSUED ON 3: 33 pm, Jul 06, 2017 s/Brian D. Karth, Clerk Case 3: 17-cv-08126-DLR Document 4-1 Filed 07/06/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1) This summons for (name of individual and title, if any) was received by me on (date) O I personally served the summons on the individual at (place) on (date) Or------------0 I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or o I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or o I returned the summons unexecuted because Or 0 Other (specify). My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server s address Additional information regarding attempted service, etc:

Summons

Case 3: 17-cv-08126-DLR Document 4-2 Filed 07/06/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Arizona TERESA E. LEWIS Plaintiffs) Civil Action No. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) United States Attorney General Constitution Avenue & 10th St., NW Washington, DC 20530 A lawsuit has been filed against you Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a) (2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St, Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT TES DIST Date: Signature of Clerk 5 CT OF A > ISSUED ON 3: 33 pm, Jul 06, 2017 s/Brian D. Karth, Clerk Case 3: 17-cv-08126-DLR Document 4-2 Filed 07/06/17 Page 2 of 2 AO 440 (Rev, 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 () This summons for (name of individual and title, if any) was received by me on (date) O I personally served the summons on the individual at (place) on (date) Or 0 I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date), and mailed a copy to the individual's last known address; or o I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or o I returned the summons unexecuted because Or 0 Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date Server's signature Printed name and title Server's address Additional information regarding attempted service, etc:

SCHEDULING ORDER: Within sixty (60) days after the answer is filed, Plaintiff must file an opening brief. (See Order for details.) Signed by Judge Douglas L Rayes on 7/11/2017.

Case 3:17-cv-08126-DLR Document 5 Filed 07/11/17 Page 1 of 3 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Teresa E. Lewis, No. CV-17-08126-PCT-DLR 9 Plaintiff, SCHEDULING ORDER 10 v. 11 Acting Commissioner of Social Security 12 Administration, 13 Defendant. 14 Plaintiff brings this action for review of the determination of the Commissioner of 15 the Social Security Administration (the "Commissioner"). The Clerk of Court assigned 16 this case to the expedited track pursuant to Local Rule of Civil Procedure 17 16.2(b)(1)(A)(i). Pursuant to LRCiv 16.2(b)(1)(B), the Court issues this Scheduling 18 Order without holding a scheduling conference. 19 Accordingly, 20 IT IS ORDERED that the parties must fully comply with the following deadlines 21 and procedures: 22 I. Briefing Requirements Contained in LRCiv 16.1. The parties must fully 23 comply with LRCiv 16.1 in its entirety and must strictly comply with the following 24 requirements: 25 (a) Opening Brief. Within sixty (60) days after the 26 answer is filed, Plaintiff must file an opening brief addressing why the Commissioner’s decision is not supported by 27 substantial evidence or why the decision should otherwise be reversed or the case remanded. Plaintiff’s opening brief must 28 set forth all errors which Plaintiff contends entitle him or her Case 3:17-cv-08126-DLR Document 5 Filed 07/11/17 Page 2 of 3 1 to relief. The brief must also contain, under appropriate headings and in the order indicated below, the following: 2 (1) A statement of the issues presented for review, set forth 3 in separate numbered paragraphs. 4 (2) A Statement of the Case. This statement should indicate briefly the course of the proceedings and its disposition at the 5 administrative level. 6 (3) A Statement of Facts. This statement of the facts must include Plaintiff’s age, education, and work experience; a 7 summary of the physical and mental impairments alleged; a brief outline of the medical evidence; and a brief summary of 8 other relevant evidence of record. Each statement of fact must be supported by reference to the page in the record 9 where the evidence may be found. 10 (4) An argument. The argument, which may be preceded by a summary, must be divided into sections separately treating 11 each issue. Each contention must be supported by specific reference to the portion of the record [by reference to 12 specific page numbers] relied upon and by citations to statutes, regulations, and cases supporting Plaintiff’s 13 position. If any requested remand is for the purpose of taking additional evidence, such evidence must be described in the 14 opening brief, and Plaintiff’s argument must show that the additional evidence is material and that there is good cause 15 for the failure to incorporate such evidence into the record in a prior proceeding. If such additional evidence is in the form 16 of a consultation examination sought at Government expense, Plaintiff’s opening brief must make a proffer of the nature of 17 the evidence to be obtained. 18 (5) A Short Conclusion Stating the Relief Sought. 19 (b) Answering Brief. Defendant must file an answering brief within thirty (30) days after service of Plaintiff’s 20 opening brief. Defendant’s brief must (1) respond specifically to each issue raised by Plaintiff and 21 (2) conform to the requirements set forth above for Plaintiff’s brief, except that a statement of the issues, a 22 statement of the case and a statement of the facts need not be made unless Defendant is dissatisfied with Plaintiff’s 23 statement thereof. 24 (c) Reply Brief. Plaintiff may file a reply brief within fifteen (15) days after service of Defendant’s brief. 25 (d) Length of Briefs. Unless otherwise ordered by the 26 Court, the opening and answering briefs may not exceed twenty-five (25) pages, including any statement of facts, with 27 the reply brief limited to eleven (11) pages. The case will be deemed submitted as of the date on which Plaintiff’s reply 28 brief is filed or due.-2-Case 3:17-cv-08126-DLR Document 5 Filed 07/11/17 Page 3 of 3 1 (e) Oral Argument. If either party desires oral argument, it must be requested in the manner prescribed by Rule 7.2(f) of 2 the Local Rules of Civil Procedure upon the filing of the opening brief. Whether to allow oral argument is at the 3 discretion of the Court. 4 LRCiv 16.1(a)–(e) (emphasis added). 5 II. Warnings 6 In Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989), the Court of Appeals 7 explained that the Commissioner’s decision to deny benefits would be overturned "only if 8 it is not supported by substantial evidence or is based on legal error." Correspondingly, 9 under our Local Rules, a general allegation that the Commissioner committed legal error, 10 or that the Commissioner’s determination is not supported by substantial evidence, is 11 insufficient to raise that issue for review. See Greenwood v. FAA, 28 F.3d 971, 977 (9th 12 Cir. 1994) (internal citation omitted) ("We review only issues which are argued 13 specifically and distinctly in a party’s opening brief. We will not manufacture arguments 14 for an appellant, and a bare assertion does not preserve a claim...."). Accordingly, if 15 either party fails to timely file a brief in full compliance with this Order, the Court may 16 strike the non-complying brief, dismiss the case, or remand to the agency, as appropriate. 17 See generally Fed. R. Civ. P. 41(b). 18 Dated this 11th day of July, 2017. 19 20 21 22 23 Douglas L. Rayes United States District Judge 24 25 26 27 28-3-

SERVICE EXECUTED filed by Teresa E Lewis: Return of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office, Office of General Counsel, Attorney General on 7/24/2017.

Case 3:17-cv-08126-DLR Document 6 Filed 08/02/17 Page 2 of 6 Date Produced: 07/24/2017 WALZ GROUP: The following is the delivery information for Certified Mail™/RRE item number 9314 8699 0430 0036 5698 58. Our records indicate that this item was delivered on 07/17/2017 at 01:58 p.m. in PHOENIX, AZ 85004. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service Information in this section provided by Walz Group, LLC. Recipient Information: Civil Process Clerk United States Attorney's Office District of Arizona 2 Renaissance Sq., 40 N. Central Ave. Suite 1200 Phoenix,AZ 85004 Reference Number: Orsburn, T USAO Case 3:17-cv-08126-DLR Document 6 Filed 08/02/17 Page 4 of 6 Date Produced: 07/24/2017 WALZ GROUP: The following is the delivery information for Certified Mail™/RRE item number 9314 8699 0430 0036 5704 34. Our records indicate that this item was delivered on 07/18/2017 at 10:35 a.m. in SEATTLE, WA 98104. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service Information in this section provided by Walz Group, LLC. Recipient Information: Office of Regional Chief Counsel Region X, SSA 701 Fifth Avenue, Suite 2900 M/S 221A Seattle,WA 98104 Reference Number: Orsburn, T OGC Case 3:17-cv-08126-DLR Document 6 Filed 08/02/17 Page 6 of 6 Date Produced: 07/31/2017 WALZ GROUP: The following is the delivery information for Certified Mail™/RRE item number 9314 8699 0430 0036 5704 58. Our records indicate that this item was delivered on 07/24/2017 at 04:40 a.m. in WASHINGTON, DC 20530. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service Information in this section provided by Walz Group, LLC. Recipient Information: U.S. Attorney General Constitution Avenue & 10th St., N.W. Washington,DC 20530 Reference Number: Orsburn, T AG

NOTICE OF ATTORNEY APPEARANCE: Kathryn A. Miller appearing for Commissioner of Social Security Administration.

Case 3:17-cv-08126-DLR Document 7 Filed 08/17/17 Page 1 of 2 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa E Lewis, 14 No. CV-17-8126-PCT-DLR 15 Plaintiff, 16 DEFENDANT’S NOTICE OF vs. APPEARANCE 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 PLEASE TAKE NOTICE that Defendant Commissioner of Social Security 22 23 hereby notifies Plaintiff and this Court that the following Special Assistant U.S. 24 Attorney will appear as counsel of record in the above-captioned case 25 Kathryn A. Miller 26 Special Assistant United States Attorney 27 Office of the General Counsel Social Security Administration 28 701 Fifth Avenue, Suite 2900 M/S 221A Case 3:17-cv-08126-DLR Document 7 Filed 08/17/17 Page 2 of 2 1 Seattle, WA 98104-7075 State Bar No. WA21979 2 Fax: (206) 615-2531 3 kathryn.a.miller@ssa.gov Telephone: (206) 615-2240 4 5 DATED this 17th day of August 2017. 6 Respectfully submitted, 7 ELIZABETH A. STRANGE 8 Acting United States Attorney 9 District of Arizona 10 s/Kathryn A. Miller 11 KATHRYN A. MILLER Special Assistant United States Attorney 12 13 Of Counsel for the Defendant: 14 MATHEW W. PILE 15 Acting Regional Chief Counsel, Social Security Administration Office of the General Counsel, Region X 16 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 17 18 19 CERTIFICATE OF SERVICE 20 I hereby certify that the foregoing Notice of Appearance was filed with the Clerk 21 of the Court on August 17, 2017, using the CM/ECF system which will send notification 22 23 of such filing to the following: Edward Allen Wicklund. 24 25 s/Timothy Shaw TIMOTHY SHAW 26 Paralegal Specialist Office of the General Counsel 27 28 2

ANSWER to [1] Complaint by Commissioner of Social Security Administration.

Case 3:17-cv-08126-DLR Document 8 Filed 09/18/17 Page 1 of 3 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa E. Lewis, No. CV-17-08126-PCT-DLR 14 15 Plaintiff, 16 ANSWER vs. 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 Defendant, in answer to Plaintiff’s complaint, admits, denies and alleges as 22 follows: 23 1. Defendant admits this court has jurisdiction pursuant to 42 U.S.C. § 405(g). 24 25 2. Defendant admits the allegations contained Paragraphs 2 and 3. 26 3. Defendant lacks sufficient knowledge sufficient to form a belief about the 27 allegations in Paragraph 4, except that Plaintiff’s social security number is a 28 Case 3:17-cv-08126-DLR Document 8 Filed 09/18/17 Page 2 of 3 1 matter of record with the Defendant. 2 4. Defendant admits the allegations contained in Paragraph 5. 3 5. Defendant denies the allegations contained in Paragraphs 6, 7, and 8. 4 5 6. The remainder of the Complaint is a prayer for relief, including a request for 6 attorney’s fees. Defendant denies that Plaintiff is entitled to judgment or any 7 requested relief. 8 7. Defendant denies all allegations of the complaint not specifically admitted or 9 10 clarified. 11 8. In accordance with 42 U.S.C. § 405(g), Defendant files as part of the answer a 12 certified copy of the transcript of the record including the evidence upon which 13 14 Defendant based the challenged decision. 15 WHEREFORE, Defendant prays for judgment dismissing the complaint, with 16 costs, and for judgment in accordance with 42 U.S.C. § 405(g), affirming Defendant’s 17 18 decision. 19 DATED this 18th day of September 2017. 20 21 Respectfully submitted, 22 ELIZABETH A. STRANGE 23 Acting United States Attorney District of Arizona 24 25 s/Kathryn A. Miller KATHRYN A. MILLER 26 Special Assistant United States Attorney 27 28 Of Counsel for the Defendant: 2 Case 3:17-cv-08126-DLR Document 8 Filed 09/18/17 Page 3 of 3 1 MATHEW W. PILE 2 Acting Regional Chief Counsel, Social Security Administration 3 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 4 Seattle, WA 98104-7075 5 6 7 8 9 10 CERTIFICATE OF SERVICE 11 I hereby certify that the foregoing Answer was filed with the Clerk of the 12 Court on September 18, 2017, using the CM/ECF system, which will send 13 14 notification of such filing to the following: Edward Allen Wicklund. 15 16 s/Barbara Eadie 17 BARBARA EADIE Paralegal Specialist 18 Office of the General Counsel 19 20 21 22 23 24 25 26 27 28 3

NOTICE of Filing Certified Copy of Administrative Transcript re: [8] Answer to Complaint filed by Commissioner of Social Security Administration.

Case 3:17-cv-08126-DLR Document 9 Filed 09/18/17 Page 1 of 2 1 Elizabeth A. Strange Acting United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa E. Lewis, No. CV-17-08126-PCT-DLR 14 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 Kathryn A. Miller, Special Assistant United States 23 Attorney for the District of Arizona, files herein in accordance with section 205(g) of the 24 25 Social Security Act, 42 U.S.C. § 405(g), as part of the answer a certified electronic copy 26 of the transcript of the record including the evidence upon which the findings and 27 decision complained of are based. In addition, a paper copy was delivered to the court. 28 Case 3:17-cv-08126-DLR Document 9 Filed 09/18/17 Page 2 of 2 1 DATED this 18th day of September 2017. 2 3 Respectfully submitted, 4 ELIZABETH A. STRANGE 5 Acting United States Attorney District of Arizona 6 s/Kathryn A. Miller 7 KATHRYN A. MILLER 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 September 18, 2017, using the CM/ECF system, which will send notification of 23 such filing to the following: Edward Allen Wicklund. 24 25 26 s/Barbara Eadie BARBARA EADIE 27 Paralegal Specialist 28 Office of the General Counsel 2

Certification Page

Case 3: 17-cv-08126-DLR Document 9-1 Filed 09/18/17 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PRESCOTT DIVISION TERESA E. LEWIS, Plaintiff VS.) CIVIL ACTION NO. 17CV08126 NANCY A. BERRY HILL ACTING COMMISSIONER OF SOCIAL SECURITY Defendant CERTIFICATION The undersigned, as Chief, Court Case Preparation and Review Branch 1, Office of Appellate Operations, Office of Disability Adjudication and Review, Social Security Administration, hereby certifies that the documents annexed hereto constitute a full and accurate transcript of the entire record of proceedings s relating to this case. toesn t NANCY CHUNG Date: August 23, 2017 * * * Certified Administrative Records (CAR) are not compatible with Optical Character Recognition (OCR), therefore the Agency cannot provide an OCR searchable CAR.

Court Transcript Index

Case 3:17-cv-08126-DLR Document 9-2 Filed 09/18/17 Page 1 of 4 Court Transcript Index Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 05/09/2017 1-6 6 Outgoing ODAR Correspondence (OUTODARC), dated 03/24/2017 7-8 2 AC Correspondence (ACCORR), dated 04/20/2016 9-11 3 Appointment of Representative (1696), dated 03/31/2016 12-13 2 AC Correspondence (ACCORR), dated 03/03/2016 14-20 7 ALJ Hearing Decision (ALJDEC), dated 01/11/2016 21-41 21 Representative Fee Agreement (FEEAGRMT), dated 09/04/2013 42-43 2 Transcript of Oral Hearing (TRANHR), dated 11/17/2015 44-78 35 Exhibits Exhibit No. of No. Description Page No. Pages 1A Disability Determination Transmittal, dated 03/04/2014 79 1 2A DDE T2 NO RFC/M. GOODRICH, MD, dated 03/04/2014 80-89 10 3A Disability Determination Transmittal, dated 08/11/2014 90 1 4A DDE T2 PRT D. YANDELL, PHD, dated 08/11/2014 91-102 12 1B Appointment of Representative, dated 08/23/2013 103 1 2B Representative Fee Agreement, dated 09/04/2013 104 1 3B T2 Notice of Disapproved Claim, dated 03/04/2014 105-108 4 4B Request for Reconsideration, dated 03/18/2014 109-111 3 5B T2 Disability Reconsideration Notice, dated 08/11/2014 112-114 3 6B Request for Hearing by ALJ, dated 08/28/2014 115-116 2 7B Request for Hearing Acknowledgement Letter, dated 117-124 8 09/10/2014 8B T16 Notice of Disapproved Claim, dated 01/05/2015 125-132 8 9B Hearing Notice 133-160 28 10B Acknowledge Notice of Hearing, dated 09/07/2015 161 1 11B Representative Fee Agreement, dated 09/22/2014 162 1 12B Appointment of Representative, dated 09/08/2014 163 1 13B Notice Of Hearing Reminder, dated 11/03/2015 164-169 6 14B Request for Review of Hearing Decision/Order, dated 170-171 2 02/05/2016 1D Application for Disability Insurance Benefits, dated 172-176 5 09/17/2013 2D Internet: Third-Party Filers Wet Signature Page, dated 177 1 10/28/2014 3D Application for Supplemental Security Income Benefits, dated 178-185 8 12/12/2014 4D Certified Earnings Records, dated 02/20/2015 186-189 4 DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08126-DLR Document 9-2 Filed 09/18/17 Page 2 of 4 Court Transcript Index Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 5D New Hire, Quarter Wage, Unemployment Query (NDNH), 190-191 2 dated 02/20/2015 6D Detailed Earnings Query, dated 02/20/2015 192-194 3 7D Summary Earnings Query, dated 02/20/2015 195 1 8D Detailed Earnings Query, dated 11/10/2015 196-198 3 9D New Hire, Quarter Wage, Unemployment Query (NDNH), 199 1 dated 11/10/2015 1E Disability Report-Field Office, dated 09/23/2013, from FIELD 200-202 3 OFFICE 2E Disability Report-Adult, dated 09/23/2013, from CLAIMANT 203-211 9 3E Work Activity Report EE, dated 09/23/2013, from CLAIMANT 212-220 9 4E SSA-823 Report of SGA Determination-For SSA Use Only, 221-223 3 dated 09/23/2013, from FIELD OFFICE 5E Exertional Activities Questionnaire, dated 11/30/2013, from 224-226 3 CLAIMANT 6E Work History Report, dated 11/30/2013, from CLAIMANT 227-235 9 7E DDS Disability Worksheet, dated 09/24/2013 to 03/04/2014, 236-240 5 from DDS PHOEN AZ 8E Disability Report-Appeals, dated 03/18/2014, from 241-246 6 CLAIMANT 9E Disability Report-Field Office, dated 03/19/2014, from FIELD 247-248 2 OFFICE 10E Exertional Activities Questionnaire, dated 07/02/2014, from 249-251 3 CLAIMANT 11E Exertional Activities Questionnaire, dated 07/02/2014, from 252-254 3 LEWIS, TERESA EILEEN 12E DDS Disability Worksheet, dated 03/28/2014 to 08/11/2014, 255-259 5 from DDS PHOEN AZ 13E Disability Report-Appeals, dated 08/28/2014, from 260-265 6 CLAIMANT 14E Disability Report-Field Office, dated 09/02/2014, from FIELD 266-267 2 OFFICE 15E Exhibit List to Rep PH2E, dated 02/20/2015 268-278 11 16E Work Background, dated 03/26/2015 279 1 17E Recent Medical Treatment, dated 03/26/2015 280 1 18E Medications, dated 03/26/2015 281 1 19E Work Background, dated 09/23/2015 282 1 20E Recent Medical Treatment, dated 09/23/2015 283 1 21E Medications, dated 09/23/2015 284 1 22E Resume of Vocational Expert, undated, from Gretchen 285-289 5 Bakkenson DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08126-DLR Document 9-2 Filed 09/18/17 Page 3 of 4 Court Transcript Index Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 23E Representative Correspondence, dated 03/28/2016 to 290-299 10 03/28/2016, from Howard Olinsky and Teresa Lewis 1F Radiology Report, dated 05/14/2007, from MERCY 300-301 2 GENERAL HOSPITAL 2F Office Treatment Records, dated 07/12/2007, from RIVER 302 1 BEND MEDICAL ASSOCIATES 3F Office Treatment Records, dated 02/18/2011, from HILL 303 1 PHYSICIANS 4F Office Treatment Records, dated 07/12/2010 to 09/19/2011, 304-342 39 from SACRAMENTO RHEUMATOLOGY 5F Radiology Report, dated 07/01/2002 to 10/11/2011, from 343-358 16 RADIOLOGICAL ASSOCIATES 6F Office Treatment Records, dated 02/25/2010 to 01/12/2012, 359-479 121 from RIVER BEND MEDICAL ASSOCIATES 7F Office Treatment Records, dated 03/21/2012 to 09/18/2013, 480-492 13 from COMMUNITY HOSPITAL CLINIC-CONGRESS 8F Office Treatment Records, dated 10/10/2013, from YAVAPAI 493-497 5 COUNTY COMMUNITY HEALTH CENTER 9F RFC QUESTIONNAIRE, dated 10/15/2013, from Lea Way 498-500 3 CFNP/Todd Kravetz, MD 10F Office Treatment Records, dated 09/24/2011 to 10/16/2013, 501-553 53 from COMMUNITY HOSPITAL CLINIC 11F Unsuccessful Development Attempt to Secure Medical, dated 554-555 2 01/23/2014, from DR. JAMES T LIN 12F Medical Source-No MER Available, dated 01/31/2014, from 556 1 THE CENTER FOR ORTHOPEDIC RESEARCH AND EDUCATION. 13F Consultative Examination Report, dated 02/26/2014, from 557-563 7 JEFFREY LEVISON, MD 14F Office Treatment Records, dated 04/24/2014 to 05/30/2014, 564-583 20 from CHAMPION PHYSICAL THERAPY 15F Office Treatment Records, dated 04/17/2014 to 06/18/2014, 584-605 22 from THE CORE INSTITUTE 16F Radiology Report, dated 06/25/2014 to 07/18/2014, from 606-610 5 VALLEY RADIOLOGISTS 17F CE Psychology, dated 07/28/2014, from AN NGUYEN 611-617 7 PSY.D. (PRESCOTT PROJECT) 18F RFC QUESTIONNAIRE, dated 08/25/2014, from Lea Way 618-620 3 CFNP 19F Radiology Report, dated 06/25/2014 to 10/27/2014, from 621-625 5 VALLEY RADIOLOGISTS 20F Office Treatment Records, dated 08/08/2014 to 06/23/2015, 626-712 87 from The Core Institute DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-08126-DLR Document 9-2 Filed 09/18/17 Page 4 of 4 Court Transcript Index Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 21F Hospital Records, dated 09/04/2015, from Wickenburg 713-725 13 community Hospital 22F Office Treatment Records, dated 02/08/2011, from Dr Nidal 726-729 4 Khalili, MD 23F Laboratory Test Report, dated 02/17/2011 to 07/06/2011, 730-735 6 from Quest Diagnostics, Inc 24F Hospital Records, dated 07/14/2011, from Methodist 736-737 2 Sacramento Hospital 25F Hospital Records, dated 02/24/2011 to 07/14/2011, from 738-741 4 Methodist Sacramento Hospital 26F Office Treatment Records, dated 07/28/2011, from 742 1 Neugenesis Plastic Surgery 27F Office Treatment Records, dated 07/24/2014 to 09/14/2015, 743-775 33 from The Core Institute 28F Office Treatment Records, dated 09/19/2015, from Valley 776-777 2 Radiologists 29F Office Treatment Records, dated 09/25/2015, from Congress 778-783 6 Clinic 30F Physical/Occupational Therapy Records, dated 10/02/2015 to 784-793 10 10/15/2015, from Champion Physical Therapy 31F Physical RFC Assessment, dated 10/20/2015, from Lea Way, 794-796 3 FNP; Todd Kravetz, MD 32F Office Treatment Records, dated 09/19/2015 to 09/24/2015, 797-805 9 from The Core Institute 33F Office Treatment Records, dated 09/24/2015 to 10/20/2015, 806-822 17 from Community Hospital Congress Clinic 34F Hospital Records, dated 09/26/2014, from Wickenburg 823-824 2 Community Hospital 35F Office Treatment Records, dated 11/02/2015, from The Core 825-826 2 Institute 36F Physical RFC Assessment, dated 11/02/2015, from Eric 827-828 2 Feldman MD 37F Hospital Records, dated 09/24/2015 to 11/04/2015, from 829-834 6 Wickenburg Community Hospital 38F Physical/Occupational Therapy Records, dated 10/20/2015 to 835-846 12 11/05/2015, from Champion Physical Therapy 39F Office Treatment Records, dated 11/10/2015, from Congress 847-851 5 Clinic DATE: August 23, 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 3:17-cv-08126-DLR Document 9-3 Filed 09/18/17 Page 1 of 79 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 05/09/2017 1-6 6 Outgoing ODAR Correspondence (OUTODARC), dated 03/24/2017 7-8 2 AC Correspondence (ACCORR), dated 04/20/2016 9-11 3 Appointment of Representative (1696), dated 03/31/2016 12-13 2 AC Correspondence (ACCORR), dated 03/03/2016 14-20 7 ALJ Hearing Decision (ALJDEC), dated 01/11/2016 21-41 21 Representative Fee Agreement (FEEAGRMT), dated 09/04/2013 42-43 2 Transcript of Oral Hearing (TRANHR), dated 11/17/2015 44-78 35 DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78

Payment Documents and Decisions

Case 3:17-cv-08126-DLR Document 9-4 Filed 09/18/17 Page 1 of 25 Payment Documents and Decisions Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 1A Disability Determination Transmittal, dated 03/04/2014 79 1 2A DDE T2 NO RFC/M. GOODRICH, MD, dated 03/04/2014 80-89 10 3A Disability Determination Transmittal, dated 08/11/2014 90 1 4A DDE T2 PRT D. YANDELL, PHD, dated 08/11/2014 91-102 12 DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102

Jurisdictional Documents and Notices

Case 3:17-cv-08126-DLR Document 9-5 Filed 09/18/17 Page 1 of 70 Jurisdictional Documents and Notices Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 1B Appointment of Representative, dated 08/23/2013 103 1 2B Representative Fee Agreement, dated 09/04/2013 104 1 3B T2 Notice of Disapproved Claim, dated 03/04/2014 105-108 4 4B Request for Reconsideration, dated 03/18/2014 109-111 3 5B T2 Disability Reconsideration Notice, dated 08/11/2014 112-114 3 6B Request for Hearing by ALJ, dated 08/28/2014 115-116 2 7B Request for Hearing Acknowledgement Letter, dated 117-124 8 09/10/2014 8B T16 Notice of Disapproved Claim, dated 01/05/2015 125-132 8 9B Hearing Notice 133-160 28 10B Acknowledge Notice of Hearing, dated 09/07/2015 161 1 11B Representative Fee Agreement, dated 09/22/2014 162 1 12B Appointment of Representative, dated 09/08/2014 163 1 13B Notice Of Hearing Reminder, dated 11/03/2015 164-169 6 14B Request for Review of Hearing Decision/Order, dated 170-171 2 02/05/2016 DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171

Non Disability Related Development

Case 3:17-cv-08126-DLR Document 9-6 Filed 09/18/17 Page 1 of 29 Non Disability Related Development Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 1D Application for Disability Insurance Benefits, dated 172-176 5 09/17/2013 2D Internet: Third-Party Filers Wet Signature Page, dated 177 1 10/28/2014 3D Application for Supplemental Security Income Benefits, dated 178-185 8 12/12/2014 4D Certified Earnings Records, dated 02/20/2015 186-189 4 5D New Hire, Quarter Wage, Unemployment Query (NDNH), 190-191 2 dated 02/20/2015 6D Detailed Earnings Query, dated 02/20/2015 192-194 3 7D Summary Earnings Query, dated 02/20/2015 195 1 8D Detailed Earnings Query, dated 11/10/2015 196-198 3 9D New Hire, Quarter Wage, Unemployment Query (NDNH), 199 1 dated 11/10/2015 DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199

Disability Related Development

Case 3:17-cv-08126-DLR Document 9-7 Filed 09/18/17 Page 1 of 101 Disability Related Development Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 1E Disability Report-Field Office, dated 09/23/2013, from FIELD 200-202 3 OFFICE 2E Disability Report-Adult, dated 09/23/2013, from CLAIMANT 203-211 9 3E Work Activity Report EE, dated 09/23/2013, from CLAIMANT 212-220 9 4E SSA-823 Report of SGA Determination-For SSA Use Only, 221-223 3 dated 09/23/2013, from FIELD OFFICE 5E Exertional Activities Questionnaire, dated 11/30/2013, from 224-226 3 CLAIMANT 6E Work History Report, dated 11/30/2013, from CLAIMANT 227-235 9 7E DDS Disability Worksheet, dated 09/24/2013 to 03/04/2014, 236-240 5 from DDS PHOEN AZ 8E Disability Report-Appeals, dated 03/18/2014, from 241-246 6 CLAIMANT 9E Disability Report-Field Office, dated 03/19/2014, from FIELD 247-248 2 OFFICE 10E Exertional Activities Questionnaire, dated 07/02/2014, from 249-251 3 CLAIMANT 11E Exertional Activities Questionnaire, dated 07/02/2014, from 252-254 3 LEWIS, TERESA EILEEN 12E DDS Disability Worksheet, dated 03/28/2014 to 08/11/2014, 255-259 5 from DDS PHOEN AZ 13E Disability Report-Appeals, dated 08/28/2014, from 260-265 6 CLAIMANT 14E Disability Report-Field Office, dated 09/02/2014, from FIELD 266-267 2 OFFICE 15E Exhibit List to Rep PH2E, dated 02/20/2015 268-278 11 16E Work Background, dated 03/26/2015 279 1 17E Recent Medical Treatment, dated 03/26/2015 280 1 18E Medications, dated 03/26/2015 281 1 19E Work Background, dated 09/23/2015 282 1 20E Recent Medical Treatment, dated 09/23/2015 283 1 21E Medications, dated 09/23/2015 284 1 22E Resume of Vocational Expert, undated, from Gretchen 285-289 5 Bakkenson 23E Representative Correspondence, dated 03/28/2016 to 290-299 10 03/28/2016, from Howard Olinsky and Teresa Lewis DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299

Medical Records Part 1

Case 3:17-cv-08126-DLR Document 9-8 Filed 09/18/17 Page 1 of 202 Medical Records Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 1F Radiology Report, dated 05/14/2007, from MERCY 300-301 2 GENERAL HOSPITAL 2F Office Treatment Records, dated 07/12/2007, from RIVER 302 1 BEND MEDICAL ASSOCIATES 3F Office Treatment Records, dated 02/18/2011, from HILL 303 1 PHYSICIANS 4F Office Treatment Records, dated 07/12/2010 to 09/19/2011, 304-342 39 from SACRAMENTO RHEUMATOLOGY 5F Radiology Report, dated 07/01/2002 to 10/11/2011, from 343-358 16 RADIOLOGICAL ASSOCIATES 6F Office Treatment Records, dated 02/25/2010 to 01/12/2012, 359-479 121 from RIVER BEND MEDICAL ASSOCIATES 7F Office Treatment Records, dated 03/21/2012 to 09/18/2013, 480-492 13 from COMMUNITY HOSPITAL CLINIC-CONGRESS 8F Office Treatment Records, dated 10/10/2013, from YAVAPAI 493-497 5 COUNTY COMMUNITY HEALTH CENTER 9F RFC QUESTIONNAIRE, dated 10/15/2013, from Lea Way 498-500 3 CFNP/Todd Kravetz, MD DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500

Medical Records Part 2

Case 3:17-cv-08126-DLR Document 9-9 Filed 09/18/17 Page 1 of 230 Medical Records Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 10F Office Treatment Records, dated 09/24/2011 to 10/16/2013, 501-553 53 from COMMUNITY HOSPITAL CLINIC 11F Unsuccessful Development Attempt to Secure Medical, dated 554-555 2 01/23/2014, from DR. JAMES T LIN 12F Medical Source-No MER Available, dated 01/31/2014, from 556 1 THE CENTER FOR ORTHOPEDIC RESEARCH AND EDUCATION. 13F Consultative Examination Report, dated 02/26/2014, from 557-563 7 JEFFREY LEVISON, MD 14F Office Treatment Records, dated 04/24/2014 to 05/30/2014, 564-583 20 from CHAMPION PHYSICAL THERAPY 15F Office Treatment Records, dated 04/17/2014 to 06/18/2014, 584-605 22 from THE CORE INSTITUTE 16F Radiology Report, dated 06/25/2014 to 07/18/2014, from 606-610 5 VALLEY RADIOLOGISTS 17F CE Psychology, dated 07/28/2014, from AN NGUYEN 611-617 7 PSY.D. (PRESCOTT PROJECT) 18F RFC QUESTIONNAIRE, dated 08/25/2014, from Lea Way 618-620 3 CFNP 19F Radiology Report, dated 06/25/2014 to 10/27/2014, from 621-625 5 VALLEY RADIOLOGISTS 20F Office Treatment Records, dated 08/08/2014 to 06/23/2015, 626-712 87 from The Core Institute 21F Hospital Records, dated 09/04/2015, from Wickenburg 713-725 13 community Hospital 22F Office Treatment Records, dated 02/08/2011, from Dr Nidal 726-729 4 Khalili, MD DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729

Medical Records Part 3

Case 3:17-cv-08126-DLR Document 9-10 Filed 09/18/17 Page 1 of 123 Medical Records Civil Action Number: 3:17-CV-08126 Claimant: Teresa E Lewis Account Number: 565-13-1041 Exhibits Exhibit No. of No. Description Page No. Pages 23F Laboratory Test Report, dated 02/17/2011 to 07/06/2011, 730-735 6 from Quest Diagnostics, Inc 24F Hospital Records, dated 07/14/2011, from Methodist 736-737 2 Sacramento Hospital 25F Hospital Records, dated 02/24/2011 to 07/14/2011, from 738-741 4 Methodist Sacramento Hospital 26F Office Treatment Records, dated 07/28/2011, from 742 1 Neugenesis Plastic Surgery 27F Office Treatment Records, dated 07/24/2014 to 09/14/2015, 743-775 33 from The Core Institute 28F Office Treatment Records, dated 09/19/2015, from Valley 776-777 2 Radiologists 29F Office Treatment Records, dated 09/25/2015, from Congress 778-783 6 Clinic 30F Physical/Occupational Therapy Records, dated 10/02/2015 to 784-793 10 10/15/2015, from Champion Physical Therapy 31F Physical RFC Assessment, dated 10/20/2015, from Lea Way, 794-796 3 FNP; Todd Kravetz, MD 32F Office Treatment Records, dated 09/19/2015 to 09/24/2015, 797-805 9 from The Core Institute 33F Office Treatment Records, dated 09/24/2015 to 10/20/2015, 806-822 17 from Community Hospital Congress Clinic 34F Hospital Records, dated 09/26/2014, from Wickenburg 823-824 2 Community Hospital 35F Office Treatment Records, dated 11/02/2015, from The Core 825-826 2 Institute 36F Physical RFC Assessment, dated 11/02/2015, from Eric 827-828 2 Feldman MD 37F Hospital Records, dated 09/24/2015 to 11/04/2015, from 829-834 6 Wickenburg Community Hospital 38F Physical/Occupational Therapy Records, dated 10/20/2015 to 835-846 12 11/05/2015, from Champion Physical Therapy 39F Office Treatment Records, dated 11/10/2015, from Congress 847-851 5 Clinic DATE: August 23, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851

OPENING BRIEF by Teresa E Lewis.

Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 1 of 23 1 Edward A. Wicklund 2 Attorney for Plaintiff Admitted Pro Hac Vice 3 One Park Place 4 300 South State St., Suite 420 Syracuse, New York 13202 5 Phone: (315) 701-5780 6 Facsimile: (315) 701-5781 Email: twicklund@windisability.com 7 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 TERESA E. LEWIS, No. CV-17-08126-PCT-DLR 11 12 Plaintiff, OPENING BRIEF OF PLAINTIFF [Dist. Ariz. Local Rule Civil 16.1(a)] 13 vs. 14 15 NANCY A. BERRYHILL, Acting Commissioner of Social 16 Security, 17 Defendant. 18 19 STATEMENT OF THE ISSUES 20 The ALJ’s finding that Plaintiff has no severe impairments and subsequent failure to 21 continue the sequential evaluation process is unsupported by substantial evidence. 22 STATEMENT OF THE CASE 23 24 On September 13, 2013, Teresa E. Lewis (Plaintiff") filed an application for 25 disability insurance benefits, and on November 12, 2014 she filed an application for 26 supplemental security income, alleging disability beginning September 30, 2010, due to 27 28 arthritis, fibromyalgia, scoliosis, hypothyroidism, hypertension, and chronic fatigue. Page 1 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 2 of 23 1 Administrative Transcript ("T") at 204. Plaintiff’s claims were initially denied on March 2 4, 2014 (T 79) and on reconsideration on August 11, 2014 (T 90). Thereafter, Plaintiff 3 4 requested a hearing with an Administrative Law Judge, and such hearing was held on 5 November 17, 2015 with Administrative Law Judge Ted Armbruster ("ALJ"). T 44-78. 6 The ALJ issued an unfavorable decision on January 14, 2016. T 21-34. In the decision, 7 8 the ALJ found that Plaintiff meets the insured status requirements of the Social Security 9 Act through December 31, 2017, and that she has not engaged in any substantial gainful 10 activity since her alleged onset date of September 30, 2010. T 26. The ALJ found that 11 Plaintiff has the medically determinable impairments of degenerative disc disease 12 13 ("DDD") of the cervical and lumbar spine, fibromyalgia, osteoarthritis, degenerative joint 14 disease (DJD") of the bilateral hands, status post trigger release surgery in 2011, bilateral 15 carpal tunnel syndrome, thoracic pain syndrome, status post motor vehicle accident, 16 17 thyroid disorder, hypertension, allergies, osteopenia, gastritis with gastroesophageal 18 reflux disease ("GERD"), diabetes mellitus type II, acute urinary tract infection, acute 19 tachycardia with tricuspid valve regurgitation, headaches, and cannabis dependence with 20 21 medical recommendation card. T 26. The ALJ found that Plaintiff did not have any 22 severe impairments. T 27. Therefore, the ALJ found Plaintiff not disabled. T 33. 23 On May 9, 2017, the Appeals Counsel denied review, making the ALJ’s decision 24 25 the final decision of the Commissioner. T 1-3. Plaintiff then filed action in this Court 26 seeking review of the Commissioner’s decision. Dkt. No. 1. This Court has jurisdiction 27 of this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c). 28 Page 2 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 3 of 23 1 STATEMENT OF FACTS 2 Born in June 1955, Plaintiff was 55 years old on the alleged onset date and 60 3 years old on the date of the ALJ’s decision. Plaintiff reported completing high school in 4 1973. T 205. Plaintiff previously worked as a job coach, an activity assistant, and an 5 6 activity director. T 74-75. 7 Medical Evidence 8 On May 1, 2009, Plaintiff underwent x-rays of both of her hands. T 349. Hank 9 10 Lin, M.D., found joint space narrowing with spurring at the distal interphalangeal 11 ("DIP") joints of Plaintiff’s index through little fingers bilaterally. T 349. Dr. Lin 12 diagnosed Plaintiff with distal osteoarthritis of the bilateral hands. T 349. 13 On August 18, 2010, Plaintiff underwent x-rays of her cervical spine by Don 14 15 Loomer, M.D. T 330. Dr. Loomer found borderline spondylolisthesis of the cervical 16 spine, and disc degenerative changes and uncinated hypertrophic changes with neural 17 foraminal encroachment. T 330. Dr. Loomer also x-rayed Plaintiff’s bilateral hands, and 18 19 found worsening degenerative changes mostly on the left hand, most severe on the DIP of 20 the left little finger. T 331. 21 On December 3, 2010, Plaintiff treated with Marc Concepcion, D.O. for treatment 22 23 of her right thumb. T 433. Plaintiff was unable to flex the DIP joint of that thumb, and 24 reported that it would lock and was painful. T 433. Dr. Concepcion diagnosed her with 25 enthesopathy of unspecified site and calcium deposits in the tendon and bursa. T 435. 26 27 On February 8, 2011, Plaintiff underwent an assessment for peripheral 28 compression neuropathy of the wrists, done by Nidal Khalili, M.D. T 726. Dr. Khalili Page 3 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 4 of 23 1 found that there was electrodiagnostic evidence which suggested Plaintiff had carpal 2 tunnel syndrome, more severe in the right wrist, as well as the presence of chronic C5 3 4 radiculopathy on the right. T 726. Dr. Khalili stated that Plaintiff would be a good 5 candidate for carpal tunnel decompression. T 726. 6 On February 17, 2011, Plaintiff treated again with Dr. Concepcion for her right 7 8 thumb pain, which she reported was still constant and getting worse. T 437. On 9 examination, Plaintiff had pain with range of motion testing and the finger was warm but 10 had no edema. T 439. Dr. Concepcion diagnosed her again with enthesopathy of 11 unspecified site and calcium deposits in the tendon and bursa. T 439. 12 13 On February 24, 2011, Plaintiff underwent carpal tunnel release surgery with 14 James Lin, M.D. T 740. On July 14, 2011, Dr. Lin also performed a right trigger thumb 15 release surgery on Plaintiff. T 737. 16 17 On September 14, 2011, Plaintiff treated at River Bend Medical Associates with 18 Sharon Cicchetti, CFNP, for her chronic, widespread pain that had been occurring for 19 over a year. T 464. Plaintiff reported generalized joint pain, upper/mid/low back pain, 20 21 and hand pain. T 467. On examination, Plaintiff had a stiff gait. T 467. Plaintiff had 22 bilateral lumbar muscles spasm, generalized tenderness of the right upper extremity, and 23 tenderness of the right knee. T 468. Nurse Practitioner Cicchetti diagnosed Plaintiff with 24 25 unspecified osteoarthrosis. T 468. She prescribed Plaintiff Norco for pain. T 469. 26 On October 11, 2011, Plaintiff underwent a bone density screening by Frederic 27 Conte, M.D. T 343-44. Dr. Conte diagnosed Plaintiff with severe osteopenia in the right 28 Page 4 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 5 of 23 1 hip and moderate osteopenia in the left hip and lumbar spine, which was a worsening 2 since her last screening. T 343-44. He indicated that Plaintiff was at moderate risk for 3 4 fracture. T 344. 5 Plaintiff treated again with NP Way on August 29, 2012. T 490. Plaintiff reported 6 chronic pain and pressure in her low back that radiated down both of her legs. T 490. 7 8 Plaintiff reported that she woke up at night due to pain. T 490. Plaintiff also reported 9 chronic fatigue. T 490. NP Way noted that Plaintiff had very limited insurance so she 10 would not be able to do extensive testing. T 490. For Plaintiff’s pain, NP Way 11 prescribed Norco and Flexeril. T 490. 12 13 On March 6, 2013, Plaintiff treated with NP Way for her diagnosis of 14 fibromyalgia. T 485. Plaintiff reported that she had fatigue, memory impairment, pain, 15 sleep disorder, and tingling sensations that began years ago. T 485. Plaintiff reported 16 17 that she was experiencing moderate to severe diffuse pain, at eight out of ten on the pain 18 scale and intermittent, severe fatigue. T 485. On examination, Plaintiff had point 19 tenderness all over. T 488. NP Way prescribed Neurontin (gabapentin) and Norco for 20 21 Plaintiff’s pain. T 488. 22 Plaintiff treated again with NP Way on September 18, 2013 for treatment of her 23 lower back pain which radiated to her right leg. T 481. On examination, Plaintiff had 24 25 tenderness to palpation of the spine with a positive straight leg raise test at 75 degrees. T 26 483. Plaintiff had tenderness to palpation of the right and left lower extremity. T 483. 27 NP Way assessed Plaintiff with back pain with radiation and instructed her to avoid 28 Page 5 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 6 of 23 1 aggravating tasks. T 483. 2 On October 10, 2013, Plaintiff treated at Community Health Center with Paul 3 4 Nault, M.D. T 495-97. Plaintiff reported that she had pain from DDD throughout her 5 spine and fibromyalgia. T 495. Plaintiff reported that she has been taking Norco, 6 gabapentin, and flexeril to manage her pain. T 495. On examination, Plaintiff had 7 8 tenderness of the spine and paravertebral muscle spasm. T 496. The joints of her fingers 9 were also enlarged. T 496. Dr. Nault diagnosed her with osteoarthritis of the hands and 10 chronic pain. T 496. 11 On April 17, 2014, Plaintiff established care at the CORE Institute for pain 12 13 management with Michelle Hitchcock, PA-C. T 598. Plaintiff reported that she was 14 diagnosed with fibromyalgia and has been using gabapentin and flexeril to manage her 15 pain. T 598. Plaintiff reported that she also previously took Norco but did not notice a 16 17 significant difference. T 598. Plaintiff reported pain in her full back that limited every 18 physical activity. T 599. She reported that she could only stand for ten minutes and sit 19 for ten minutes. T 599. On examination, Plaintiff had a painful range of motion of her 20 21 lumbar spine. T 601. She had bilateral tenderness to palpation of the lumbar spine. T 22 601. Plaintiff also had painful range of motion of the thoracic spine with bilateral 23 tenderness to palpation. T 601-602. Again with the cervical spine, Plaintiff had painful 24 25 range of motion and tenderness to palpation of the bilateral upper trapezius and 26 interscapular muscles. T 602. PA Hitchcock diagnosed Plaintiff with fibromyalgia, 27 cervical DDD, back pain, and thoracic pain. T 604. PA Hitchcock stated that she 28 Page 6 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 7 of 23 1 thought a lot of Plaintiff’s pain could be coming from her fibromyalgia. T 604. PA 2 Hitchcock recommended Plaintiff increase her gabapentin dose and prescribed a TENS 3 4 unit, as well as a referral for physical therapy. T 604. PA Hitchcock also noted that 5 narcotic medications are typically not helpful in cases of fibromyalgia. T 604. 6 Plaintiff began physical therapy with Steven Sorenson, PT on April 24, 2014. T 7 8 581. Plaintiff reported that she has moderate neck pain which limits her driving, reading, 9 or working. T 581. She reported that she tries to do activities of daily living, but cannot 10 do yard work or lifting anymore. T 581. On examination, Plaintiff had exacerbation of 11 low back pain during standing lumbar extension and left side-bending. T 582. Therapist 12 13 Sorenson noted that she had significant muscle tension of the right lower cervical and 14 upper thoracic paraspinals on palpation. T 582. Additionally, she had facet joint 15 hypomobility of the cervical spine. T 582. Therapist Sorenson assessed Plaintiff with 16 17 significant myofascial hypomobilities in the cervical, thoracic and lumbar regions. T 18 582. Plaintiff treated with Therapist Sorenson until May 30, 2014. T 566-582. Upon 19 discharge, Therapist Sorenson noted that Plaintiff had improved, but still has 20 21 exacerbation of back pain when lifting or reaching, and needed to continue home exercise 22 and stretching. T 566. 23 On April 29, 2014, Plaintiff treating with Eric Feldman, M.D., at the CORE 24 25 Institute for her pain. T 592. On examination, her lumbar, thoracic, and cervical spine 26 were diffusely tender to palpation. T 595. Dr. Feldman prescribed Plaintiff medical 27 marijuana to try and treat her pain. T 597. 28 Page 7 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 8 of 23 1 Plaintiff treated with PA Hitchcock at the CORE Institute on June 18, 2014 for 2 treatment of her pain. T 586. She reported that she had not received her TENS unit yet 3 4 and that she was doing well on medical marijuana. T 586. Plaintiff reported that she saw 5 no distinct improvement from physical therapy, and continues to have cervical, thoracic, 6 and lumbar spine pain. T 586. On examination, Plaintiff had a painful range of motion 7 8 of the full spine. T 589. Plaintiff was also diffusely tender to palpation along the full 9 spine. T 589. PA Hitchcock did not change Plaintiff’s diagnoses of fibromyalgia, back 10 pain, neck pain, and thoracic pain. T 590. PA Hitchcock noted that since Plaintiff 11 continued to have symptomology, and no improvement from physical therapy, she 12 13 increased Plaintiff’s gabapentin dose. T 590. She also ordered an MRI of the lumbar 14 spine. T 590. 15 On June 25, 2014, Plaintiff underwent an MRI of the lumbar spine by Aaron 16 17 Greeley, D.O. T 608. Dr. Greeley found a broad posterior disc protrusion at L4-5 with 18 bilateral recess and foraminal narrowing. T 608. Dr. Greeley also found a right central 19 disc protrusion at L5-S1, with mass effect on the right S1 nerve root sleeve. T 608. He 20 21 also found lower lumbar facet arthrosis. T 608. 22 On July 18, 2014, Plaintiff underwent an MRI of the cervical spine, by Brian 23 Frohna, M.D. T 610. Dr. Frohna found cervical spondylosis, without disc protrusion or 24 25 central canal stenosis. T 610. 26 Plaintiff followed up with PA Hitchcock on July 24, 2014. T 770-74. Plaintiff 27 reported neck pain and low back pain, as well as ongoing, increasing headaches. T 770. 28 Page 8 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 9 of 23 1 On examination, Plaintiff had painful range of motion of the lumbar and cervical spine, 2 as well as tenderness to palpation. T 772. After reviewing the MRI of Plaintiff’s lumbar 3 4 and cervical spine, PA Hitchcock assessed Plaintiff with lumbar facet arthropathy, 5 cervical spondylosis, as well as left her diagnosis of fibromyalgia unchanged. T 774. PA 6 Hitchcock referred Plaintiff for bilateral L4-5 and L5-S1 facet injections to try and treat 7 8 her pain. T 774. She also gave Plaintiff a prescription of Norco for one month due to the 9 increase in pain. T 774. 10 On August 13, 2014, Dr. Feldman performed the bilateral L4-5 and L5-S1 facet 11 joint injections, which Plaintiff tolerated well. T 768-69. 12 13 Plaintiff followed up with PA Hitchcock on August 21, 2014. T 693. Plaintiff 14 reported ongoing pain in her neck and back. T 693. Plaintiff reported that she did not see 15 any distinct improvement from the bilateral facet injections. T 693. On examination of 16 17 the lumbar and cervical spine, Plaintiff continued to have painful range of motion and 18 was diffusely tender to palpation. T 695. PA Hitchcock assessed Plaintiff with 19 fibromyalgia and lumbar face arthropathy. T 696. She stated that she did not 20 21 recommend Plaintiff receive further injections at this time since Plaintiff had not seen any 22 improvement. T 696. She also stated that a lot of Plaintiff’s symptoms were coming 23 from the fibromyalgia. T 696. 24 25 Plaintiff treated at Congress Clinic with Rita Rodriguez, MA, for follow up of her 26 upper and lower back pain and arthritis. T 688. On examination, Plaintiff was tender to 27 palpation in her spine and had a positive straight leg raise test at 60 degrees. T 690. 28 Page 9 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 10 of 23 1 Spinal instability was present and she had abnormal range of motion of the lumbar spine. 2 T 690. Additionally, there was paraspinal muscle spasm present. T 690. Plaintiff also 3 4 had tenderness to palpation of her right lower extremity. T 691. Plaintiff was given a 5 Toradol injection for her pain. T 691. 6 On October 1, 2014, Plaintiff treated with Andre Hagevik, M.D., at the CORE 7 8 Institute for evaluation of her headaches and neck pain. T 680. Plaintiff reported that she 9 had had headaches in the past, but that in the last six months they have been of increasing 10 severity and she was getting them almost daily. T 680. In regards to her neck pain, she 11 reported that the pain is located at the base of her neck and down the cervical spine. T 12 13 680. She reported that she takes gabapentin for her fibromyalgia, and occasionally uses 14 medical marijuana but did not think it was very helpful. T 680. Dr. Hagevik ordered an 15 MRI of Plaintiff’s brain so he could rule out a structural cause of Plaintiff’s headaches. T 16 17 682. He prescribed her Nortriptyline for headache prevention, continued her gabapentin 18 for fibromyalgia and recommended she see a rheumatologist if her symptoms worsened. 19 T 682. On October 27, 2014, Patrick Fredenberg, M.D. performed an MRI of Plaintiff’s 20 21 brain. T 621. The findings were normal. T 621. 22 On November 11, 2014, Dr. Feldman performed a bilateral occipital nerve block. 23 T 767. Plaintiff followed up with Dr. Feldman on December 8, 2014. T 668. She 24 25 reported relief from the occipital nerve blocks. T 671. On examination of Plaintiff’s 26 lumbar spine, she had a painful range of motion. T 670. She was diffusely tender to 27 palpation, with specific tenderness over the lower lumbar, the sacrum, and the left 28 Page 10 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 11 of 23 1 gluteus. T 670. Dr. Feldman noted that she also had tenderness over the lower lumbar 2 facet joints. T 671. Dr. Feldman assessed Plaintiff with fibromyalgia, cervical 3 4 spondylosis, and neck and back pain. T 671. Dr. Feldman performed a bilateral L3, L4, 5 and L5 medial branch block to see how much of her chronic low back pain stemmed from 6 her arthritic lumbar facet joints on January 14, 2015 and February 20, 2015. T 658. 7 8 Plaintiff reported some improvement from these procedures. T 643. 9 On April 29, 2015, Plaintiff treated with PA Hitchcock and reported pain in the 10 bilateral sacroiliac region as well as headaches. T 643. On examination, Plaintiff had 11 painful range of motion of the lumbar spine and tenderness to palpation. T 645. She had 12 13 tenderness over the bilateral sacroiliac joints as well. T 646. PA Hitchcock 14 recommended a bilateral SI injection to treat the pain. T 646. The procedures was 15 performed on April 15, 2015. T 638. 16 17 Plaintiff followed up with PA Hitchcock after her injections on April 29, 2015. T 18 638. Plaintiff reported only two hours of relief after the injections. T 638. On 19 examination, Plaintiff again had painful lumbar range of motion and tenderness to 20 21 palpation. T 640. PA Hitchcock recommended Plaintiff undergo a bilateral sacroiliac 22 joint denervation, which was then performed by Dr. Feldman on May 14, 2015. T 763. 23 Plaintiff followed up with Dr. Feldman on May 28, 2015. T 632. On examination 24 25 Plaintiff had normal range of motion but still had tenderness to palpation of the lumbar 26 spine, and specifically of the left gluteus. T 635. Dr. Feldman still diagnosed her with 27 fibromyalgia. T 636. Plaintiff reported that the injection had helped right sided lumbar 28 Page 11 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 12 of 23 1 pain, and that any remaining pain was tolerable at the moment. T 636. Plaintiff reported 2 that she was having worse neck pain and headaches though, so Dr. Feldman started her 3 4 on Topamax. T 636. Dr. Feldman also performed a bilateral C2-3 and C3-4 facet joint 5 injection to help with Plaintiff’s pain on June 9, 2015. T 761. 6 Plaintiff treated with Dr. Hagevik on June 16, 2015, for a follow up of her neck 7 8 pain and headaches. T 757. Plaintiff reported that the neck injections helped her 9 headaches. T 757. Dr. Hagevik noted that Plaintiff’s gabapentin for fibromyalgia had 10 been changed to Topamax, and that she still had migraines after the occipital nerve block. 11 T 757. Dr. Hagevik noted that Plaintiff seemed to be stable on her current medications 12 13 and recommended no changes. T 759. 14 Plaintiff treated with Dr. Feldman on June 25, 2015 for lower back pain. T 752. 15 Plaintiff reported improvement of headache and some neck pain since starting Topamax 16 17 and having the cervical facet joint injections. T 755. She reported still having lower 18 cervical pain. T 755. She also reported that her lumbar pain was better since having the 19 nerve ablation. T 755. On examination, Plaintiff had tenderness to palpation over her 20 21 sacrum, and tenderness to palpation of the lower cervical spine. T 754. Dr. Feldman 22 assessed her fibromyalgia as deteriorated. T 755. 23 On September 4, 2015, after being involved in a car accident, Plaintiff underwent 24 25 an x-ray of the lumbar spine by Barbara Carr, M.D. T 715. Dr. Carr found degenerative 26 changes of Plaintiff’s lumbar spine. T 715. She also found mild disc space narrowing at 27 L2-3 and L1-2, as well as moderate disc space narrowing at T11-12 and T 12-L1. T 715. 28 Page 12 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 13 of 23 1 Plaintiff did not have any acute fractures. T 715. 2 Plaintiff followed up with PA Hitchcock on September 9, 2015 after her motor 3 4 vehicle accident. T 746. Plaintiff reported an exacerbation of pain in her lower cervical 5 spine, intrascapular spine, and throughout the thoracic region and lower back. T 746. On 6 examination, Plaintiff had painful range of motion and tenderness to palpation throughout 7 8 her spine. T 748-49. A review of an x-ray taken of Plaintiff’s thoracic spine revealed a 9 fracture at T11/T12. PA Hitchcock prescribed Plaintiff a short supply of Norco for this 10 acute exacerbation, and Plaintiff stated that she was not using medical marijuana recently. 11 T 751. 12 13 Plaintiff treated with Dr. Hagevik on September 14, 2015 for a follow up of her 14 neck pain and headaches. T 743. Dr. Hagevik noted that Plaintiff has fibromyalgia and 15 is taking Cymbalta now instead of gabapentin. T 743. Plaintiff reported that she had a 16 17 flare up of fibromyalgia pain after the car accident. T 745. 18 On September 19, 2015, Plaintiff underwent another MRI of the spine by Patrick 19 Fredenberg, M.D. T 777. Dr. Fredenberg found T6-7 through T9-10 disc space 20 21 narrowing with disc degenerative bulging and facet hypertrophy, with foraminal 22 narrowing. T 77. He also found lower cervical spine disc endplate degenerative changes 23 with facet arthropathy present. T 777. Finally, Dr. Fredenberg found T1-2 and T2-3 24 25 facet arthropathy with foraminal narrowing. T 777. 26 On September 24, 2015, Plaintiff treated with Dr. Feldman for her lower back 27 pain. T 798. On examination, she had bilateral thoracic tenderness to palpation with 28 Page 13 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 14 of 23 1 painful range of motion. T 800. She also had tenderness to palpation of the bilateral 2 cervical spine. T 800. Dr. Feldman refilled her prescription for Norco. T 802. Dr. 3 4 Feldman also recommended Plaintiff go to physical therapy for her thoracic pain. T 802. 5 On October 2, 2015, Plaintiff began treating with Therapist Sorenson for moderate 6 joint and soft-tissue hypomobility of the mid-thoracic spine. T 793. Therapist Sorenson 7 8 was to perform manual therapy to treat Plaintiff, as well as progression exercises for 9 rehabilitation. T 793. Plaintiff had moderate difficulty tolerating sitting and standing. T 10 841. Her goals of therapy were to strengthen stabilizer muscles, have good thoracic 11 posture, walk a quarter of a mile with minimal back pain, and sit or stand for more than 12 13 thirty minutes with minimal pain. T 841. Plaintiff treated with Therapist Sorenson until 14 at least November 5, 2015, where she had not yet reached her treatment goals. T 835-41. 15 Opinion Evidence 16 17 On October 15, 2013, Lea Way, CFNP, and Todd Kravetz, M.D., completed a 18 residual functional capacity ("RFC") questionnaire regarding Plaintiff’s physical 19 limitations. T 498-99. Dr. Kravetz gave Plaintiff’s diagnoses as low back pain, 20 21 fibromyalgia, and osteoarthritis. T 498. He opined that Plaintiff’s symptoms were severe 22 enough to often interfere with work related tasks. T 498. He opined that Plaintiff can 23 walk one block, can sit for 10-15 minutes at a time, and stand/walk for 10-15 minutes at a 24 25 time. T 498. During a total workday, he opined that Plaintiff could sit, stand, and walk 26 for a total of four hours intermittently. T 498. Dr. Kravetz also opined that Plaintiff 27 needed a job which permitted shifting positions at will and that she would need to take 28 Page 14 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 15 of 23 1 unscheduled breaks depending on pain from fibromyalgia. T 498. He further opined that 2 Plaintiff could occasionally lift ten pounds, would be absent more than four times a 3 4 month, and that Plaintiff is not a malingerer. T 499. 5 On February 26, 2014, Jeffrey Levison, M.D., performed a physical consultative 6 examination. T 557-58. Plaintiff had a normal physical examination. T 558. Dr. 7 8 Levison also noted that Plaintiff did not exhibit significant tender points as positive that 9 day. T 558. Dr. Levison opined that Plaintiff was markedly exaggerating any limitations 10 and that she has no significant limiting conditions. T 559. 11 On March 4, 2014, Martha Goodrich, a non-examining state agency medical 12 13 consultant, opined that Plaintiff has no severe physical impairments. T 87. 14 On July 28, 2014, Plaintiff underwent a psychological consultative examination 15 with An Nguyen, Psy.D. who found no mental diagnosis. T 611-15. Non-examining 16 17 state agency psychological consultant, David Yandell, Ph.D., also found that Plaintiff had 18 no mental medically determinable impairments on August 11, 2014. T 97. 19 NP Way completed an updated RFC assessment on August 25, 2014. T 619-20. 20 21 She opined that Plaintiff’s symptoms from fibromyalgia, osteoarthritis, and back pain 22 were severe enough to frequently interfere with Plaintiff’s ability to perform work-related 23 tasks. T 619. She identified side effects of Plaintiff’s medications as fatigue and poor 24 25 concentration. T 619. She opined that Plaintiff can walk one block, can sit for 10-15 26 minutes at a time, and stand/walk for 10-15 minutes at a time. T 619. During a total 27 workday, she opined that Plaintiff could sit, stand, and walk for a total of four hours 28 Page 15 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 16 of 23 1 intermittently. T 619. She also opined that Plaintiff needed a job which permitted 2 shifting positions at will and that she would need to talk unscheduled breaks depending 3 4 on pain from fibromyalgia. T 619. NP Way further opined that Plaintiff could 5 occasionally lift ten pounds, would be absent more than four times a month, and that 6 Plaintiff is not a malingerer. T 620. 7 8 Dr. Kravetz completed an updated RFC assessment on October 20, 2015, in which 9 he opined that Plaintiff’s symptoms were now severe enough to constantly interfere with 10 her ability to completed work related tasks. T 795. He opined she would need excess 11 breaks, is unable to walk a block, can sit, stand, and walk for ten minutes, and needs 12 13 unscheduled breaks. T 795. He further opined that she can only occasionally lift up to 14 ten pounds, has reaching and fine manipulation limitations, and was likely to be absent 15 more than four times a month. T 795-96. 16 17 Dr. Feldman also completed an RFC assessment of Plaintiff’s physical limitations 18 on November 2, 2015. T 827-28. He opined that Plaintiff’s symptoms are severe 19 enough to often interfere with her ability to perform work-related tasks. T 827. He stated 20 21 that Plaintiff can walk for ten minutes without rest or significant pain, can sit for four 22 hours during a workday, and stand/walk for two to three hours. T 827. He opined that 23 Plaintiff would need to take unscheduled breaks during the workday, every ten to fifteen 24 25 minutes. T 827. Dr. Feldman also opined that Plaintiff could occasionally lift up to ten 26 pounds and has reaching, grasping, and fine manipulation limitations. T 827. Finally, 27 28 Page 16 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 17 of 23 1 Dr. Feldman opined that Plaintiff would likely be absent more than four times a month 2 from work. T 828. 3 4 Hearing Testimony 5 Plaintiff testified that she did some part-time work in 2013 at a hospital as a 6 courier and housekeeper, and her shifts were between three to five hours a day. T 66. 7 8 She was allowed to take at least a five minute break every hour to rest if she was hurting. 9 T 65. 10 The Vocational Expert ("VE") testified that based on Dr. Feldman’s opinion of 11 Plaintiff’s RFC, Plaintiff would be unable to perform past relevant work and would be 12 13 precluded from all other work because of her need to take a break every fifteen minutes. 14 T 76. The VE also testified that Dr. Feldman’s RFC would limit Plaintiff to sedentary 15 work if the break limitation was not included. T 76. The VE further testified that there 16 17 would be no transferable skills from Plaintiff’s previous work without significant 18 vocational preparation. T 77. 19 ARGUMENT 20 21 Pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), this Court may review the record to 22 determine whether the Commissioner applied the proper legal standards and whether 23 substantial evidence supports the final agency decision to deny Plaintiff benefits. 24 25 Substantial evidence means more than a scintilla, "[i]t means such relevant evidence as a 26 reasonable mind might accept as adequate to support a conclusion." Richardson v. 27 Perales, 402 U.S. 389, 400 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 28 Page 17 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 18 of 23 1 229 (1938)). An individual is considered disabled for purposes of disability benefits if 2 she is unable to "engage in any substantial gainful activity by reason of any medically 3 4 determinable physical or mental impairment which can be expected to result in death or 5 which has lasted or can be expected to last for a continuous period of not less than 12 6 months." 42 U.S.C. § 423(d)(1)(A). 7 8 1. The ALJ’s finding that Plaintiff has no severe impairments and subsequent failure to continue the sequential evaluation process is unsupported by 9 substantial evidence. 10 "An impairment or combination of impairments is'severe’ within the meaning of 11 12 the regulations if it significantly limits an individual’s ability to perform basic work 13 activities." See 20 C.F.R. §§ 404.1520(c), 404.1521, 416.920(c), 416.921; Social Security 14 Rulings ("SSRs") 85-28, 96-3p, 96-4p. "An impairment or combination of impairments 15 may be found'not severe only if the evidence establishes a slight abnormality that has no 16 17 more than a minimal effect on an individual's ability to work.’" Webb v. Barnhart, 433 18 F.3d 683, 686-87 (9th Cir. 2005) (quoting Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir. 19 1996) (citing Yuckert v. Bowen, 841 F.2d 303, 306 (9th Cir. 1988)). Thereby, Step 2 20 21 involves a "de minimis screening device [used] to dispose of groundless claims." Id. 22 (emphasis added). The "ALJ may find that a claimant lacks a medically severe 23 impairment or combination of impairments only when his conclusion is'clearly 24 25 established by medical evidence.’" Galligan v. Astrue, 656 F. Supp.2d 1067, 1095 (D. 26 Ariz. 2009) (citing Webb, 433 F.3d at 687). "If a finding of non-severity is not clearly 27 established by medical evidence, adjudication must continue through the sequential 28 Page 18 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 19 of 23 1 evaluation process." Galligan, 656 F. Supp.2d at 1095. The ALJ concluded the 2 sequential evaluation at Step Two here. However, Plaintiff met the de minimis standard, 3 4 and the ALJ should have continued the sequential analysis. Therefore, the ALJ’s Step 5 Two analysis here is not supported by substantial evidence. Further, this is not harmless 6 error because the ALJ did not continue with the sequential evaluation and terminated the 7 8 analysis at Step Two. T 33. 9 The ALJ completely dismissed Plaintiff’s allegations when finding none of her 10 impairments severe by finding her not credible (T 28), and by saying, "[o]bjective 11 findings of record are also inconsistent with [Plaintiff’s] subjective complaints to the 12 13 degree alleged and do not support a finding for severe impairments." T 28. Particularly, 14 with regard to fibromyalgia, the ALJ merely mentions Plaintiff’s diagnosis of 15 fibromyalgia a couple of times (T 29, 32) and gives great weight to the consultative 16 17 examiner, who stated that Plaintiff did not exhibit "significant tender points" (T 558), and 18 non-examining state agency medical consultants, who opined that Plaintiff has no severe 19 impairments. T 30, 33. The ALJ appears to have disregarded Plaintiff’s extensive 20 21 medical history documenting chronic pain and diagnosis of fibromyalgia since 2013 by 22 her treating physicians. T 483, 485, 495-96, 590, 604, 636, 680, 696, 743, 746-51, 752-23 55, 759, 770-74, 798. The extensive treatment is not indicative of an impairment that is 24 25 merely non-severe, and the ALJ’s conclusion regarding Plaintiff’s fibromyalgia is most 26 certainly not clearly established by medical evidence. See Galligan, 656 F. Supp.2d at 27 1095. 28 Page 19 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 20 of 23 1 The ALJ also improperly gave great weight to the consultative examiner, who 2 based his opinion that Plaintiff was markedly exaggerating her limitations of 3 4 fibromyalgia on the fact that she did not exhibit "significant tender points." T 558. First, 5 Plaintiff would like to point out that this statement is ambiguous and gives no meaningful 6 information regarding whether Plaintiff exhibited any tender points at all, but only that 7 8 Dr. Levison found them "not significant." T 558. Additionally, as SSR 12-2p 9 recognizes, "symptoms of fibromyalgia'wax and wane’ and a person may have'bad days 10 and good days.’" Revels v. Berryhill, 847 F.3d 648, 656 (9th Cir. 2017) (citing SSR 12-11 2p). The ALJ has ignored the longitudinal record of Plaintiff’s significant treatment for 12 13 fibromyalgia since 2013, which clearly shows she meets the de minimis standard. See 14 Webb v. Barnhart, 433 F.3d at 686-87; T 483, 485, 495-96, 590, 604, 636, 680, 696, 743, 15 746-51, 752-55, 759, 770-74, 798. Further, the ALJ fails to mention the updated opinion 16 17 from Dr. Kravetz from October 20, 2015 regarding Plaintiff’s physical limitations. T 18 795-96. The ALJ cannot just ignore evidence of limitations that undermines his 19 conclusion "absent a statement of legitimate reasons supported by substantial evidence." 20 21 Rodriguez v. Astrue, No. CV 10-0511-PHX-DGC, 2010 WL 4684015, at *2 (D. Ariz., 22 Nov. 12, 2010) (citing Embrey v. Bowen, 849 F.2d 418, 421 (9th Cir. 1988)). The failure 23 to address Dr. Kravetz’s disabling opinion renders the ALJ’s decision unsupported by 24 25 substantial evidence. 26 Additionally, the ALJ purports to discredit Plaintiff’s symptoms of fibromyalgia 27 because "[o]bjective findings of record are also inconsistent with [Plaintiff’s] subjective 28 Page 20 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 21 of 23 1 complaints to the degree alleged and do not support a finding for severe impairments." T 2 28. An ALJ "err[s] by'effectively requiring objective evidence for a disease that eludes 3 4 such measurement." Benecke v. Barnhart, 379 F.3d 587, 594 (9th Cir. 2004). The ALJ 5 has demonstrated a fundamental misunderstanding of fibromyalgia in his evaluation of 6 Plaintiff’s credibility and in his decision to find the impairment not severe. See Revels, 7 8 847 F.3d at 662. The ALJ also relies heavily on Plaintiff’s reported activities of daily 9 living to discredit her statements, but the "court has repeatedly asserted that the mere fact 10 that a plaintiff has carried on certain daily activities…does not in any way detract from 11 her credibility as to her overall disability. One does not need to be'utterly incapacitated’ 12 13 in order to be disabled." Benecke, 379 F.3d at 594. The ALJ also fails to acknowledge 14 that Plaintiff’s part-time work allowed significant break time for her to be able to 15 accomplish the job. T 65. 16 17 The above errors are especially harmful, because Plaintiff is considered a person 18 closely approaching retirement age. 20 C.F.R. §§ 404.1568(d)(4), 416.968(d)(4). Had 19 the ALJ continued on with the sequential evaluation, he would have found Plaintiff 20 21 disabled under the Medical Vocational Guidelines. 20 C.F.R. Chapter III, Part 404, 22 Subpart P, Appendix 2, Rule 202.00(f) ("For a finding of transferability of skills to light 23 work for persons of advanced age who are closely approaching retirement age (age 60 or 24 25 older), there must be very little, if any, vocational adjustment required in terms of tools, 26 work processes, work settings, or the industry.") The VE testified that Plaintiff would 27 have no transferable skills. T 77. Therefore, it was harmful error for the ALJ to find no 28 Page 21 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 22 of 23 1 severe impairments and continue with the sequential evaluation, because he would have 2 found Plaintiff disabled. See 20 C.F.R. Chapter III, Part 404, Subpart P, Appendix 2, 3 4 Rule 202.00(f). 5 CONCLUSION 6 For the foregoing reasons, it is respectfully requested this matter be remanded for a 7 8 calculation of benefits. Alternatively, if the Court determines further proceedings are 9 necessary, it is requested that the case be remanded for a de novo hearing and new 10 decision. 11 12 Respectfully submitted, 13/s/Edward A. Wicklund 14 Edward A. Wicklund, Esq. Attorney for Plaintiff 15 Olinsky Law Group 16 One Park Place 300 South State St., Suite 420 17 Syracuse, New York 13202 18 Phone: (315) 701-5780 Email: twicklund@windisability.com 19 20 21 22 23 24 25 26 27 28 Page 22 Case 3:17-cv-08126-DLR Document 10 Filed 11/17/17 Page 23 of 23 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 17, 2017, I electronically filed Plaintiff’s reply 3 4 brief with the Clerk of the District Court using the CM/ECF system, which sent notification 5 of such filing to the following: 6 To: Elizabeth A. Strange 7 Acting United States Attorney 8 District of Arizona 9 Kathryn A. Miller Special Assistant United States Attorney 10 Office of the General Counsel 11 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 12 Seattle, WA 98104-7075 13 State Bar No. WA21979 Fax: (206) 615-2531 14 Kathryn.a.miller@ssa.gov 15 Telephone: (206) 615-2240/s/Edward A. Wicklund 16 Edward A. Wicklund, Esq. 17 Attorney for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 Page 23

First MOTION for Extension of Time to File Responsive Brief, Unopposed by Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa Lewis, 14 No. CV-17-8126-PCT-DLR 15 Plaintiff, 16 DEFENDANT'S MOTION FOR vs. EXTENSION OF TIME 17 Nancy A. Berryhill, 18 (First Request) Acting Commissioner of Social Security, 19 Defendant. 20 21 Upon the records and files herein and the following declaration, Defendant moves 22 for an order allowing additional time, through January 18, 2018, in which to file a 23 responsive Motion in the above-entitled action, pursuant to Fed. R. Civ. P. 6(b)(1). 24 25 Plaintiff's counsel has been contacted and has no objection to this request. 26 DATED this 15th day of December 2017. 27 Respectfully submitted, 28 1 ELIZABETH A. STRANGE 2 First Assistant United States Attorney 3 District of Arizona 4 s/ Kathryn A. Miller 5 KATHRYN A. MILLER Special Assistant United States Attorney 6 Of Counsel for the Defendant: 7 8 MATHEW W. PILE Acting Regional Chief Counsel, Social Security Administration 9 Office of the General Counsel, Region X 10 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 11 12 13 14 15 CERTIFICATE OF SERVICE 16 I hereby certify that the foregoing Defendant's Motion for Extension of 17 Time was filed with the Clerk of the Court on December 15, 2017, using the 18 CM/ECF system, which will send notification of such filing to the following: Ted 19 20 Wicklund. 21 22 s/ Barbara Eadie 23 BARBARA EADIE Paralegal Specialist 24 Office of the General Counsel 25 26 27 28 2

Text of Proposed Order

1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Teresa Lewis, No. CV-17-8126-PCT-DLR 5 Plaintiff, 6 ORDER GRANTING MOTION FOR vs. 7 EXTENSION OF TIME 8 Nancy A. Berryhill, Acting Commissioner of Social Security, 9 10 Defendant. 11 After considering the Defendant's Motion for Extension of Time to file 12 13 Defendant's response to Plaintiff's opening brief, and that Plaintiff's counsel has been 14 contacted and has indicated no objection regarding this motion, it is hereby: 15 16 ORDERED that an extension, to and including January 18, 2018, is granted. 17 IT IS SO ORDERED this _________ day of, 2017. 18 19 20 21 22 23 24 25 26 27 28

DECLARATION of Kathryn A. Miller re: [11] First MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa Lewis, 14 No. CV-17-8126-PCT-DLR 15 Plaintiff, 16 DECLARATION OF vs. KATHRYN A. MILLER 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 I, Kathryn A. Miller, declare as follows: 22 1. I am Assistant Regional Counsel with the Social Security Administration, Office 23 of the General Counsel, in Seattle, Washington, and counsel for the Commissioner 24 25 in the above-captioned case. I make this Declaration in support of the 26 Commissioner's Motion for Extension of Time in order to pursue settlement 27 options. 28 1 2. The Commissioner's brief in this matter is due December 18, 2017. This is my 2 first request for an extension in this matter. 3 3. In the process of reviewing the case, I have determined I would like to pursue 4 5 settlement options, as well as settlement authority from my client. To this end, I 6 require time to consult with my client and possibly Plaintiff regarding settlement 7 options in this case. Absent settlement, I will also need additional time to prepare 8 and file a responsive brief. 9 10 4. I also have briefs to file in the next 30 days, as well as pending employment 11 litigation matters requiring my attention. Finally, I am on leave beginning 12 December 27, 2017 through January 1, 2018. 13 14 5. For these reasons, I am requesting an extension to January 18, 2018, to ensure that 15 this matter can be resolved and the appropriate response filed. 16 6. I contacted Plaintiff's counsel, Ted Wicklund, who has no objection to my request 17 18 for an extension. 19 Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing 20 is true and correct. 21 Executed this 15th day of December 2017. 22 23 s/ Kathryn A. Miller KATHRYN A. MILLER 24 Special Assistant U.S. Attorney 25 26 27 28 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Declaration of Kathryn A. Miller was 3 filed with the Clerk of the Court on December 15, 2017, using the CM/ECF 4 5 system, which will send notification of such filing to the following: Ted 6 Wicklund. 7 8 s/ Barbara Eadie 9 BARBARA EADIE Paralegal Specialist 10 Office of the General Counsel 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

ORDER granting [11] Motion for Extension of Time. Defendant's to file a Responsive Brief no later than 1/18/2018. Signed by Judge Douglas L Rayes on 12/19/2017.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Teresa E Lewis, No. CV-17-08126-PCT-DLR 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 The Court has reviewed Defendant's Motion for Extension of Time. (Doc. 11.) For 17 good cause shown, 18 IT IS ORDERED extending the deadline for Defendant's to file a Responsive 19 Brief through and including January 18, 2018. 20 Dated this 19th day of December, 2017. 21 22 23 24 Douglas L. Rayes United States District Judge 25 26 27 28

Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa Lewis, 14 No. CV-17-8126 15 Plaintiff, 16 DEFENDANT'S MOTION FOR vs. EXTENSION OF TIME 17 Nancy A. Berryhill, 18 (Second Request) Acting Commissioner of Social Security, 19 Defendant. 20 21 Upon the records and files herein and the following declaration, Defendant moves 22 for an order allowing additional time, through February 1, 2018, in which to file a 23 responsive Motion in the above-entitled action, pursuant to Fed. R. Civ. P. 6(b)(1). 24 25 Plaintiff's counsel has been contacted and has no objection to this request. 26 27 DATED this 17th day of January 2018. 28 Respectfully submitted, 1 ELIZABETH A. STRANGE 2 First Assistant United States Attorney 3 District of Arizona 4 s/ Kathryn A. Miller 5 KATHRYN A. MILLER Special Assistant United States Attorney 6 Of Counsel for the Defendant: 7 8 MATHEW W. PILE Acting Regional Chief Counsel, Social Security Administration 9 Office of the General Counsel, Region X 10 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 11 12 13 14 15 CERTIFICATE OF SERVICE 16 I hereby certify that the foregoing Defendant's Motion for Extension of 17 Time was filed with the Clerk of the Court on January 17, 2018, using the 18 CM/ECF system, which will send notification of such filing to the following: 19 20 Edward Wicklund. 21 22 s/ Kathryn A. Miller 23 KATHRYN A. MILLER Special Assistant U.S. Attorney 24 Office of the General Counsel 25 26 27 28 2

Text of Proposed Order

1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Teresa Lewis, No. CV-17-8126 5 Plaintiff, 6 ORDER GRANTING MOTION FOR vs. 7 EXTENSION OF TIME 8 Nancy A. Berryhill, Acting Commissioner of Social Security, 9 10 Defendant. 11 After considering the Defendant's Motion for Extension of Time to file 12 13 Defendant's response to Plaintiff's opening brief, and that Plaintiff's counsel has been 14 contacted and has indicated no objection regarding this motion, it is hereby: 15 16 ORDERED that an extension, to and including February 1, 2018, is granted. 17 IT IS SO ORDERED this _________ day of, 2018. 18 19 20 21 22 23 24 25 26 27 28

DECLARATION of Kathryn A. Miller re: [14] Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa Lewis, 14 No. CV-17-8126 15 Plaintiff, 16 vs. DECLARATION OF KATHRYN A. MILLER 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 I, Kathryn A. Miller, declare as follows: 22 1. I am Assistant Regional Counsel with the Social Security Administration, Office 23 of the General Counsel, in Seattle, Washington, and counsel for the Commissioner 24 25 in the above-captioned case. I make this Declaration in support of the 26 Commissioner's Second Motion for Extension of Time. 27 28 1 2. The Commissioner's brief in this matter is due January 18, 2017. A first extension 2 was previously granted in this matter in order to pursue settlement options, as well 3 as settlement authority from my client. 4 5 3. My client has requested additional time to consult and consider settlement options 6 in this case. Absent settlement, I will also need additional time to prepare and file 7 a responsive brief. 8 4. For these reasons, I am requesting a short, second extension to February 1, 2018, 9 10 to ensure that this matter can be resolved and the appropriate response filed. 11 5. I contacted Plaintiff's counsel, Ted Wicklund, who has no objection to my request 12 for a second extension. 13 14 Executed this 17th day of January 2018. 15 s/ Kathryn A. Miller 16 KATHRYN A. MILLER Special Assistant U.S. Attorney 17 18 19 20 CERTIFICATE OF SERVICE 21 I hereby certify that the foregoing Declaration of Kathryn A. Miller was 22 filed with the Clerk of the Court on January 17, 2018, using the CM/ECF system, 23 24 which will send notification of such filing to the following: Edward Wicklund. 25 26 s/ Kathryn A. Miller 27 KATHRYN A. MILLER Special Assistant U.S. Attorney 28 Office of the General Counsel 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

ORDER granting [14] Motion for Extension of Time. The deadline for Defendant to file their Responsive Brief is extended through and including 2/1/2018. Signed by Judge Douglas L Rayes on 1/18/2018.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Teresa E Lewis, No. CV-17-08126-PCT-DLR 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 The Court has reviewed Defendant's Motion for Extension of Time. (Doc. 14.) For 17 good cause shown, 18 IT IS ORDERED extending the deadline for Defendant to file their Responsive 19 Brief through and including February 1, 2018. 20 Dated this 18th day of January, 2018. 21 22 23 24 Douglas L. Rayes 25 United States District Judge 26 27 28

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

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Teresa E. Lewis, 14 No. CV-17-8126-DLR 15 Plaintiff, 16 STIPULATED MOTION FOR vs. REMAND 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 The parties, acting through their respective counsel, hereby agree that the above- 22 captioned case be reversed and remanded for further administrative proceedings pursuant 23 to sentence four of 42 U.S.C. § 405(g). Upon remand to the Commissioner of Social 24 25 Security, the Appeals Council will instruct the Administrative Law Judge (ALJ) to: (1) 26 reassess the severity of Plaintiff's impairments, singly and in combination, at step two of 27 the sequential evaluation, with the assistance of a medical expert, if necessary; 28 1 (2) reevaluate the medical and other source opinions, specifically, the opinions of Dr. 2 Feldman, Dr. Kravetz, and nurse practitioner, Lea Way; and, (3) offer Plaintiff the 3 opportunity for a hearing. 4 5 The parties stipulate that this case be reversed and remanded on the above grounds 6 pursuant to sentence four of 42 U.S.C. § 405(g). Upon proper presentation, this Court 7 will consider Plaintiff's application for costs and attorney's fees under 28 U.S.C. § 8 2412(d). 9 10 DATED this 26th day of January 2018. 11 12 Respectfully submitted, 13 s/ Kathryn A. Miller 14 KATHRYN A. MILLER Special Assistant United States Attorney 15 16 DATED this 26th day of January 2018. 17 18 s/ Kathryn A. Miller for TED WICKLUND 19 Attorney for Plaintiff 20 (Per Authorization) 21 22 23 CERTIFICATE OF SERVICE 24 I hereby certify that the foregoing Stipulated Motion for Remand was filed 25 with the Clerk of the Court on January 26, 2018, using the CM/ECF system, which 26 27 will send notification of such filing to the following: Ted Wicklund. 28 2 1 s/ Kathryn A. Miller 2 KATHRYN A. MILLER 3 Special Assistant United States Attorney 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Text of Proposed Order Stipulated

1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Teresa E. Lewis, No. CV-17-8126-DLR 5 Plaintiff, 6 ORDER vs. 7 8 Nancy A. Berryhill, Acting Commissioner of Social Security, 9 10 Defendant. 11 Based on the stipulation of the parties, it is hereby ORDERED that the 12 Commissioner's final decision be reversed and remanded for further proceedings 13 14 pursuant to sentence four of 42 U.S.C. §405(g). Upon remand to the Commissioner of 15 Social Security, the Appeals Council will instruct the Administrative Law Judge (ALJ) 16 to: (1) reassess the severity of Plaintiff's impairments, singly and in combination, at step 17 18 two of the sequential evaluation, with the assistance of a medical expert, if necessary; (2) 19 reevaluate the medical and other source opinions, specifically, the opinions of Dr. 20 Feldman, Dr. Kravetz, and nurse practitioner, Lea Way; and, (3) offer Plaintiff the 21 opportunity for a hearing. 22 23 This case is reversed and remanded to the ALJ on the above grounds pursuant to 24 sentence four of 42 U.S.C. § 405(g). Upon proper presentation, this Court will consider 25 Plaintiff's application for costs and attorney's fees under 28 U.S.C. § 2412(d). 26 27 28 1 IT IS SO ORDERED this _________ day of, 2017. 2 3 4 ____________________________________ 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

ORDER: IT IS ORDERED that the Commissioner's final decision be reversed and remanded for further proceedings pursuant to sentence four of 42 U.S.C. §405 (g). Upon remand to the Commissioner of Social Security, the Appeals Council will instruct the Administrative Law Judge (ALJ) to: (1) reassess the severity of Plaintiff's impairments, singly and in combination, at step two of the sequential evaluation, with the assistance of a medical expert, if necessary; (2) reevaluate the medical and other source opinions, specifically, the opinions of Dr. Feldman, Dr. Kravetz, and nurse practitioner, Lea Way; and, (3) offer Plaintiff the opportunity for a hearing. This case is reversed and remanded to the ALJ on the above grounds pursuant to sentence four of 42 U.S.C. § 405(g). Upon proper presentation, this Court will consider Plaintiffs application for costs and attorney's fees under 28 U.S.C. § 2412 (d). Signed by Judge Douglas L Rayes on 1/26/2018.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Teresa E Lewis, No. CV-17-08126-PCT-DLR 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 The Court has reviewed the parties' Stipulated Motion for Remand. (Doc. 17.) For 17 good cause shown, 18 IT IS ORDERED that the Commissioner's final decision be reversed and 19 remanded for further proceedings pursuant to sentence four of 42 U.S.C. §405(g). Upon 20 remand to the Commissioner of Social Security, the Appeals Council will instruct the 21 Administrative Law Judge (ALJ) to: (1) reassess the severity of Plaintiff's impairments, 22 singly and in combination, at step two of the sequential evaluation, with the assistance of 23 a medical expert, if necessary; (2) reevaluate the medical and other source opinions, 24 specifically, the opinions of Dr. Feldman, Dr. Kravetz, and nurse practitioner, Lea Way; 25 and, (3) offer Plaintiff the opportunity for a hearing. 26 // 27 // 28 // 1 This case is reversed and remanded to the ALJ on the above grounds pursuant to 2 sentence four of 42 U.S.C. § 405(g). Upon proper presentation, this Court will consider 3 Plaintiff's application for costs and attorney's fees under 28 U.S.C. § 2412(d). 4 Dated this 26th day of January, 2018. 5 6 7 8 Douglas L. Rayes United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

CLERK'S JUDGMENT - Pursuant to the Court's Order filed January 26, 2018, the decision of the Commissioner of Social Security is reversed, and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Teresa E Lewis, NO. CV-17-08126-PCT-DLR 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 January 26, 2018, the decision of the Commissioner of Social Security is reversed, and 19 this case is remanded to the Social Security Administration for further proceedings 20 consistent with the Order. 21 Brian D. Karth District Court Executive/Clerk of Court 22 23 January 26, 2018 s/ Rebecca Kobza 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 by Teresa E Lewis.

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Attorney for Plaintiff 3 Olinsky Law Group 4 One Park Place 300 South State St., Suite 420 5 Syracuse, New York 13202 6 Phone: (315) 701-5780 Facsimile: (315) 701-5781 7 Email: twicklund@windisability.com 8 9 Attorney for Plaintiff Teresa E. Lewis, 10 11 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 12 13 Teresa E. Lewis, 14 Plaintiff, Civil No. 3-17-cv-08126-DLR 15 16 vs. MOTION FOR ATTORNEY'S 17 FEES PURSUANT TO THE 18 Nancy A. Berryhill, Acting EQUAL ACCESS TO JUSTICE 19 Commissioner of Social Security, ACT, 28 U.S.C.A. § 2412 (WEST) 20 Defendant 21 22 PLAINTIFF'S MOTION FOR ATTORNEY'S FEES PURSUANT TO THE 23 EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C.A. § 2412 (WEST) 24 25 COUNSEL: 26 PLEASE TAKE NOTICE that upon the annexed affirmation of Edward 27 28 A. Wicklund, Esq., attorney for the plaintiff, and other papers, the plaintiff will Page 1 1 make a motion before Hon. Douglas L. Rayes, at Sandra Day O'Connor U.S. 2 Courthouse, Suite 522, 401 West Washington Street, SPC 50, Phoenix, AZ 85003 3 4 on a date to be set by the court, for an order: 5 1. Awarding an Equal Access to Justice Act Counsel Fee for $5149.46, and 6 7 2. 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 3. Awarding Expenses in the amount of $17.67; and 10 11 4. Awarding Costs in the amount of $400.00. 12 13 Plaintiff, by her attorney, Howard D. Olinsky moves the court for an award to be 14 paid by the Defendant under the Equal Access to Justice Act, 28 U.S.C.A. § 2412. 15 16 17 Plaintiff may receive an award under the Equal Access to Justice Act because she 18 is the prevailing party, is an individual whose net worth did not exceed two 19 million dollars when the action was filed, and the position of the United States in 20 21 this litigation and/or at the agency was not substantially justified. Although the 22 burden of proof on substantial justification is on the government, Plaintiff's 23 supporting memorandum briefly addresses this issue. 24 25 26 There are no special circumstances in this case which make an award under the 27 EAJA unjust. 28 Page 2 1 This motion is supported by an affirmation of Plaintiff's attorney, attached time 2 and cost records and an Affidavit and Waiver of Direct Payment by the plaintiff. 3 4 5 Executed this April 24, 2018 6 Respectfully submitted, 7 8 /s/ Edward A. Wicklund Edward A. Wicklund, Esq. 9 Admitted Pro Hac Vice 10 Attorney for Plaintiff Email: twicklund@windisability.com 11 12 13 To: Elizabeth Strange, Esq. 14 Acting United States Attorney District of Arizona 15 16 Kathryn A. Miller Special Assistant United States Attorney 17 Office of the General Counsel 18 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 19 Seattle, WA 98104-7075 20 State Bar No. WA21979 Fax: (206) 615-2531 21 Email: kathryn.a.miller@ssa.gov 22 Telephone: (206) 615-2240 23 Attorneys for Defendant 24 25 26 27 28 Page 3

Text of Proposed Order

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 7 8 Teresa E. Lewis, 9 Civil No. 3-17-cv-08126-DLR 10 Plaintiff, 11 vs. 12 13 14 Nancy A. Berryhill, Acting Commissioner of Social Security, 15 16 Defendant 17 (PROPOSED) ORDER AWARDING ATTORNEY'S FEES 18 PURSUANT TO THE EQUAL 19 ACCESS TO JUSTICE ACT, 20 28 U.S.C. § 2412(D) 21 (Proposed) Order Awarding Attorney's Fees 22 pursuant to the Equal Access to Justice Act, 23 24 28 U.S.C. § 2412(d) 25 Before the Court is the Motion of Plaintiff Teresa E. Lewis, for award of 26 attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 27 28 Based on the pleadings as well as the position of the defendant commissioner, if Page 1 1 any, and recognizing the Plaintiff's waiver of direct payment and assignment of 2 EAJA to her counsel, 3 4 IT IS HEREBY ORDERED that attorney fees and expenses in the total 5 amount of Five Thousand One Hundred Sixty-Seven Dollars and Thirteen Cents 6 ($5,167.13) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are 7 8 awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 9 IT IS HEREBY ORDERED costs, in the total amount of Four Hundred 10 Dollars ($400.00) are awarded to Plaintiff. 11 If the U.S. Department of the Treasury determines that Plaintiff's EAJA 12 13 fees are not subject to offset allowed under the Department of the Treasury's 14 Offset Program (TOPS), then the check for EAJA fees shall be made payable to 15 Plaintiff's attorney, Edward A. Wicklund. 16 17 Whether the check is made payable to Plaintiff or to Edward A. Wicklund, 18 the check shall be mailed to Edward A. Wicklund at the following address: 19 300 South State Street 20 Suite 420 21 Syracuse, NY 13202 22 23 DATED: 24 __________________________ 25 26 27 28 Page 2

AFFIDAVIT in Support re: [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Teresa E Lewis.

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Attorney for Plaintiff 3 Olinsky Law Group 4 One Park Place 300 South State St., 5 Suite 420 6 Syracuse, New York 13202 Phone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: twicklund@windisability.com 9 Attorney for Plaintiff Teresa E. Lewis, 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Teresa E. Lewis, 13 Plaintiff, Civil No. 3-17-cv-08126-DLR 14 15 vs. 16 Attorney's affirmation in support of Fees Pursuant to the Equal Access to 17 Nancy A. Berryhill, Acting Justice Act, 28 U.S.C. § 2412 18 Commissioner of Social Security, 19 20 Defendant 21 Attorney's Affirmation in Support of Fees Pursuant to the Equal Access to 22 Justice Act, 28 U.S.C. § 2412 23 ________________________________________ 24 25 Edward A. Wicklund, Esq. being duly sworn deposes and states: 26 1. I am an attorney licensed to practice law in the State of New York, 27 28 admitted to practice pro hac vice before this Court. Page 4 1 2. I make this affirmation knowing that the Court will rely upon it in 2 assessing any awards under the Equal Access to Justice Act. 28 U.S.C.A. § 2412. 3 4 3. There are no special circumstances in this case which make an award 5 under the EAJA unjust. 6 4. The Court ordered on January 26, 2018 that the above-entitled case 7 8 be remanded for further administrative proceedings, under the fourth sentence of 9 42 U.S.C.A. § 405(g) (West). 10 5. For the Equal Access to Justice Act, I am requesting an hourly rate 11 of $196.79 for attorney time through 2017 and 2018. See generally, 12 13 http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039 U.S.C.A 9th 14 Circuit EAJA Table. If attorney fees are calculated at this rate for 6.4 hours of 15 work performed in 2017 and 2018 they total $1259.46. 16 17 6. I am requesting $125 per hour for 24 hours of law clerk time 18 equaling $3,000.00. I am also requesting $100.00 per hour for 8.9 hours of 19 paralegal time equaling $890.00. I am requesting $5149.46 for Counsel Fees 20 21 which include attorney and paralegal time. 22 7. The time accounting is presented to the court in two fashions. 23 Exhibit A is the time spent by all who worked on this case in chronological 24 25 sequence. Exhibit B is broken down by attorneys. The attorneys involved in this 26 case are Howard D. Olinsky, Esq., and Edward A. Wicklund, Esq. Exhibit C is 27 the law clerk, Shannon McGlew. Exhibit D is broken down by paralegals. The 28 Page 5 1 paralegals involved in this case are Kyrsten Gifford, Vincent Wisehoon, Michelle 2 Callahan, Moira Deutch, and Jonnah Graser. 3 4 8. I am requesting reimbursement of expenses of $17.67 for Certified 5 Mail for the summons and complaint to the defendant's office's as shown on 6 Exhibit E. I am also requesting reimbursement of costs of $400.00 for the Federal 7 8 Court Filing fee paid to initiate civil action shown on Exhibit F. The Supreme 9 Court has clarified that only the items specifically listed in 28 U.S.C. §1920 are 10 compensable as costs. See Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 11 437, 107 S. Ct. 2494, 96 L. Ed. 2d 385 (1987). 28 U.S.C.A. § 1920 (West) 12 13 provides: 14 A judge or clerk of any court of the United States may tax as costs the 15 following: a.) fees of the clerk and marshal; 16 b.) fees of the court reporter for all or any part of the stenographic transcript 17 necessarily obtained for use in the case; c.) fees and disbursements for printing and witnesses; 18 d.) fees for exemplification and copies of papers necessarily obtained for 19 use in the case; e.) docket fees under section 1923 of this title; 20 f.) compensation of court appointed experts, compensation of interpreters, 21 and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title. 22 23 The postage fee to serve process by certified mail is reimbursable as an 24 25 expense. The filing fee is a cost. 26 27 28 Page 6 1 9. The attached records were contemporaneously created and stored in 2 the firm's Prevail Database, and are printed out and attached. The itemized time 3 4 represents hours spent preparing and handling this case for U.S. District Court. 5 Clerical time is not included in this petition or has been zeroed out. 6 Waiver of Direct Payment of EAJA Fees 7 8 10. Attached is an Affidavit and Waiver of Direct Payment duly 9 executed by the plaintiff (Exhibit G). With this Waiver, if Plaintiff owes a debt 10 that qualifies under the Treasury Offset Program (31 U.S.C.A. § 3716 (West)), any 11 payment shall be made payable to the Plaintiff and delivered to the Plaintiff's 12 13 attorney. If the United States Department of Treasury determines that Plaintiff 14 owes no debt subject to offset, the government may accept the assignment of 15 EAJA fees and pay such fees directly to the Plaintiff's attorney. Astrue v. Ratliff, 16 17 560 U.S. 586, 130 S. Ct. 2521, 177 L. Ed. 2d 91 (2010). 18 19 WHEREFORE, because all four elements of an allowable application for 20 21 EAJA fees have been proven, petitioner requests that the Court issue an order: 22 23 1. Awarding an Equal Access to Justice Act Counsel Fee for $5149.46, and 24 2. If the Plaintiff has no debt registered with the Department of 25 Treasury subject to offset that the fees be made payable to the attorney. 26 3. Awarding Expenses in the amount of $17.67; and 27 28 4. Awarding Costs in the amount of $400.00. Page 7 1 2 Executed this April 24, 2018 3 4 Respectfully submitted, 5 /s/ Edward A. Wicklund 6 Edward A. Wicklund, Esq. Admitted Pro Hac Vice 7 Attorney for Plaintiff 8 Email: twicklund@windisability.com 9 10 11 To: Elizabeth Strange, Esq. 12 Acting United States Attorney District of Arizona 13 14 Kathryn A. Miller Special Assistant United States Attorney 15 Office of the General Counsel 16 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 17 Seattle, WA 98104-7075 18 State Bar No. WA21979 Fax: (206) 615-2531 19 Email: kathryn.a.miller@ssa.gov 20 Telephone: (206) 615-2240 21 Attorneys for Defendant 22 23 24 25 26 27 28 Page 8

Exhibit A All Professional Time

Exhibit A Ledger Lewis, Teresa E. Date  Subject Hours Timekeeper 6/6/2017 Telephone call with Client re: Debt conference call, explained eaja 0.4 Gifford, Kyrsten 6/19/2017 Files received, reviewed and processed from referral source 0.6 Gifford, Kyrsten 6/19/2017 Prospect Acknowledgement Letter 0.2 Gifford, Kyrsten 6/19/2017 Review decisions and evidence to determine whether to appeal case 1 Olinsky, Howard D. 6/19/2017 Federal Court-Incoming Referral Acknowledgment Letter-NON MYLER 0.2 Gifford, Kyrsten 6/21/2017 Telephone call with Client re: Assistance with in forma pauperis application 0.3 Gifford, Kyrsten 6/23/2017 Client doesn't qualify for IFP, $400 Filing Fee Paid via Law Pay 0.1 Gifford, Kyrsten 6/23/2017 Federal Court - FDC Prospect Packet prepared for client completion 0.6 Vincent Wisehoon 6/23/2017 FDC Prospect Packet Sent via RIght Signature 0.2 Vincent Wisehoon 6/26/2017 FDC prospect packet returned via Right Signature, reviewed for completion 0.3 Vincent Wisehoon 6/29/2017 Telephone call with client re: Follow up on returning packet 0.1 Vincent Wisehoon 7/6/2017 Draft Complaint, Proposed Summons, Letter to Clerk, and Civil Cover Sheet 0.6 Wicklund, Edward A. 7/6/2017 Updated clients physical address 0.1 Olinsky, Howard D. 7/6/2017 Draft application for Pro Hac Vice admission 0 Wicklund, Edward A. 7/6/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Callahan, Michelle 7/7/2017 Review summons as issued to Commissioner of Social Security, USAG, and US AO 0.3 Wicklund, Edward A. 7/7/2017 Review case assigned Hon. Douglas L. Rayes, research ind. rules &practices 0.3 Wicklund, Edward A. 7/7/2017 Review notice re: Pro hac vice motion granted 0 Wicklund, Edward A. 7/12/2017 Review scheduling order, calender deadlines on task pad 0.2 Wicklund, Edward A. 7/13/2017 Review and execute magistrate consent, mail USPS 0.2 Wicklund, Edward A. 7/14/2017 Federal Court-Service of Process 0 Callahan, Michelle 7/14/2017 Federal Court-Service of Process-prepare service packets USAO, OGC, AG 0.6 Callahan, Michelle 8/2/2017 Compile and file proof of service via CM / ECF 0.3 Callahan, Michelle 8/2/2017 Review service executed, confirm scheduling order calendared 0.2 Wicklund, Edward A. 8/18/2017 Review notice of appearance by Kathryn A. Miller o/b/o Commissioner of SSA 0.1 Wicklund, Edward A. 9/19/2017 Review answer to complaint 0.1 Wicklund, Edward A. 9/19/2017 Review notice of filing certified copy of administrative transcript by SSA 0.1 Wicklund, Edward A. 9/21/2017 Combine, strip PDF/A, OCR and live bookmark federal court transcript (866 pages) 0.9 Vincent Wisehoon 9/21/2017 Preliminary review of transcript - assign Attorney writer 0.5 Wicklund, Edward A. 11/14/2017 Review CAR, take notes, organize facts pgs- 866 7.2 McGlew, Shannon 11/15/2017 Drafting procedural section, drafting facts 4.5 McGlew, Shannon 11/16/2017 Research issues and drafting argument 6 McGlew, Shannon 11/16/2017 Telephone conf. w/client Re: Status Update 0.3 Moira Deutch 11/16/2017 Telephone conf. w/client Re: Client Question 0.1 Moira Deutch 11/17/2017 Continue drafting plaintiff brief, send for review 6.2 McGlew, Shannon 11/17/2017 Senior Attorney review draft brief, suggest edits 1.1 Wicklund, Edward A. 11/17/2017 Finalize and file Plaintiff's brief 0.1 McGlew, Shannon 11/20/2017 Correspondence to chambers re: Courtesy copies 0.1 Graser, Jonnah 11/28/2017 Telephone conf. w/client Re: Questions 0.1 Moira Deutch 11/28/2017 Telephone conf. w/Client Re: Follow Up Call 0.1 Moira Deutch 12/15/2017 Review first motion and declaration for ext.to file response brief by Defendant 0.2 Wicklund, Edward A. 12/19/2017 Review order granting first extension request by Defendant 0.1 Wicklund, Edward A. 39.30  (Client = Teresa E. Lewis)    Date  Subject Hours Timekeeper 1/17/2018 Telephone call from opposing counsel requesting extension 0.1 Wicklund, Edward A. 1/17/2018 Review second motion and declaration for ext. of time to file response brief 0.2 Wicklund, Edward A. 1/22/2018 Review order granting second motion for ext. of time to file Defendant's brief 0.1 Wicklund, Edward A. 1/25/2018 Email correspondence with OC re: proposed stipulation and remand order 0.1 Wicklund, Edward A. 1/26/2018 Review motion to remand by SSA 0.1 Wicklund, Edward A. 1/29/2018 Review order granting remand (2 pages) 0.1 Wicklund, Edward A. 1/29/2018 Review clerks judgment to remand (1 page) 0.1 Wicklund, Edward A. 1/31/2018 Federal Court-Remand Referral back to Referral Source 0.3 Graser, Jonnah 1/31/2018 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 2/7/2018 Telephone conf. re: Remand 0.2 Moira Deutch 4/15/2018 EAJA Preparation 1.5 Graser, Jonnah 4/15/2018 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 4/15/2018 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Graser, Jonnah 39.30  (Client = Teresa E. Lewis)   

Exhibit B Attorney Time

Exhibit B Ledger Lewis, Teresa E. Date  Subject Hours Timekeeper 6/19/2017 Review decisions and evidence to determine whether to appeal case 1 Olinsky, Howard D. 7/6/2017 Draft Complaint, Proposed Summons, Letter to Clerk, and Civil Cover Sheet 0.6 Wicklund, Edward A. 7/6/2017 Updated clients physical address 0.1 Olinsky, Howard D. 7/6/2017 Draft application for Pro Hac Vice admission 0 Wicklund, Edward A. 7/7/2017 Review summons as issued to Commissioner of Social Security, USAG, and US AO 0.3 Wicklund, Edward A. 7/7/2017 Review case assigned Hon. Douglas L. Rayes, research ind. rules &practices 0.3 Wicklund, Edward A. 7/7/2017 Review notice re: Pro hac vice motion granted 0 Wicklund, Edward A. 7/12/2017 Review scheduling order, calender deadlines on task pad 0.2 Wicklund, Edward A. 7/13/2017 Review and execute magistrate consent, mail USPS 0.2 Wicklund, Edward A. 8/2/2017 Review service executed, confirm scheduling order calendared 0.2 Wicklund, Edward A. 8/18/2017 Review notice of appearance by Kathryn A. Miller o/b/o Commissioner of SSA 0.1 Wicklund, Edward A. 9/19/2017 Review answer to complaint 0.1 Wicklund, Edward A. 9/19/2017 Review notice of filing certified copy of administrative transcript by SSA 0.1 Wicklund, Edward A. 9/21/2017 Preliminary review of transcript - assign Attorney writer 0.5 Wicklund, Edward A. 11/17/2017 Senior Attorney review draft brief, suggest edits 1.1 Wicklund, Edward A. 12/15/2017 Review first motion and declaration for ext.to file response brief by Defendant 0.2 Wicklund, Edward A. 12/19/2017 Review order granting first extension request by Defendant 0.1 Wicklund, Edward A. 1/17/2018 Telephone call from opposing counsel requesting extension 0.1 Wicklund, Edward A. 1/17/2018 Review second motion and declaration for ext. of time to file response brief 0.2 Wicklund, Edward A. 1/22/2018 Review order granting second motion for ext. of time to file Defendant's brief 0.1 Wicklund, Edward A. 1/25/2018 Email correspondence with OC re: proposed stipulation and remand order 0.1 Wicklund, Edward A. 1/26/2018 Review motion to remand by SSA 0.1 Wicklund, Edward A. 1/29/2018 Review order granting remand (2 pages) 0.1 Wicklund, Edward A. 1/29/2018 Review clerks judgment to remand (1 page) 0.1 Wicklund, Edward A. 4/15/2018 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 6.40  (Client = Teresa E. Lewis) and ((Timekeeper = Olinsky, Howard D.) or (Timekeeper = Wicklund, Edward A.))   

Exhibit C Law Clerk Time

Exhibit C Ledger Lewis, Teresa E. Date  Subject Hours Timekeeper 11/14/2017 Review CAR, take notes, organize facts pgs- 866 7.2 McGlew, Shannon 11/15/2017 Drafting procedural section, drafting facts 4.5 McGlew, Shannon 11/16/2017 Research issues and drafting argument 6 McGlew, Shannon 11/17/2017 Continue drafting plaintiff brief, send for review 6.2 McGlew, Shannon 11/17/2017 Finalize and file Plaintiff's brief 0.1 McGlew, Shannon 24.00  (Client = Teresa E. Lewis) and (Timekeeper = McGlew, Shannon)   

Exhibit D Paralegal Time

Exhibit D Ledger Lewis, Teresa E. Date  Subject Hours Timekeeper 6/6/2017 Telephone call with Client re: Debt conference call, explained eaja 0.4 Gifford, Kyrsten 6/19/2017 Files received, reviewed and processed from referral source 0.6 Gifford, Kyrsten 6/19/2017 Prospect Acknowledgement Letter 0.2 Gifford, Kyrsten 6/19/2017 Federal Court-Incoming Referral Acknowledgment Letter-NON MYLER 0.2 Gifford, Kyrsten 6/21/2017 Telephone call with Client re: Assistance with in forma pauperis application 0.3 Gifford, Kyrsten 6/23/2017 Client doesn't qualify for IFP, $400 Filing Fee Paid via Law Pay 0.1 Gifford, Kyrsten 6/23/2017 Federal Court - FDC Prospect Packet prepared for client completion 0.6 Vincent Wisehoon 6/23/2017 FDC Prospect Packet Sent via RIght Signature 0.2 Vincent Wisehoon 6/26/2017 FDC prospect packet returned via Right Signature, reviewed for completion 0.3 Vincent Wisehoon 6/29/2017 Telephone call with client re: Follow up on returning packet 0.1 Vincent Wisehoon 7/6/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Callahan, Michelle 7/14/2017 Federal Court-Service of Process 0 Callahan, Michelle 7/14/2017 Federal Court-Service of Process-prepare service packets USAO, OGC, AG 0.6 Callahan, Michelle 8/2/2017 Compile and file proof of service via CM / ECF 0.3 Callahan, Michelle 9/21/2017 Combine, strip PDF/A, OCR and live bookmark federal court transcript (866 pages) 0.9 Vincent Wisehoon 11/16/2017 Telephone conf. w/client Re: Status Update 0.3 Moira Deutch 11/16/2017 Telephone conf. w/client Re: Client Question 0.1 Moira Deutch 11/20/2017 Correspondence to chambers re: Courtesy copies 0.1 Graser, Jonnah 11/28/2017 Telephone conf. w/client Re: Questions 0.1 Moira Deutch 11/28/2017 Telephone conf. w/Client Re: Follow Up Call 0.1 Moira Deutch 1/31/2018 Federal Court-Remand Referral back to Referral Source 0.3 Graser, Jonnah 1/31/2018 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 2/7/2018 Telephone conf. re: Remand 0.2 Moira Deutch 4/15/2018 EAJA Preparation 1.5 Graser, Jonnah 4/15/2018 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Graser, Jonnah 8.90  (Client = Teresa E. Lewis) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Gifford, Kyrsten) or (Timekeeper = Graser, Jonnah) or (Timekeeper = Mo...   

Exhibit E Expenses

Exhibit E Ledger Lewis, Teresa E. Date, W Amount Timekeeper Subject Subject Federal Court - Service of Process 7 / 14 / 2017 $ 17. 67 Callahan, Michelle $ 17. 67 Type = Cost)

Exhibit F Costs

Exhibit F Ledger Lewis, Teresa E. Date  Subject Amount Timekeeper 7/6/2017 Fed Court Filing Fee Paid to initiate civil action $400.00 Wicklund, Edward A. $400.00  (Type = Cost) and (Client = Teresa E. Lewis) and (Category = FC Filing Fee Payment to FC)   

Exhibit G Affirmation and Waiver of Direct Payment of EAJA Fees

Exhibit G UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA (PRESCOTT DIVISION) -------------------------------------------------------------- TERESA E. LEWIS, AFFIRMATION AND WAIVER OF DIRECT PAYMENT Plaintiff, OF EAJA FEES v. Civil Action No.: _________________ NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. --------------------------------------------------------------- Teresa E. Lewis, 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 June 23, 2017. __________________________ Teresa E. Lewis Plaintiff

Memorandum in Support

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Attorney for Plaintiff 3 Olinsky Law Group 4 One Park Place 300 South State St., 5 Suite 420 6 Syracuse, New York 13202 Phone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: twicklund@windisability.com 9 Attorney for Plaintiff Teresa E. Lewis, 10 11 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 12 13 Teresa E. Lewis, 14 Plaintiff, Civil No. 3-17-cv-08126-DLR 15 16 vs. MEMORANDUM IN SUPPORT OF 17 PLAINTIFF'S PETITION FOR 18 Nancy A. Berryhill, Acting COUNSEL FEES ALLOWANCE 19 Commissioner of Social Security, UNDER EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 20 Defendant 21 22 Memorandum in Support of Plaintiff's Petition for Counsel Fees 23 Allowance Under Equal Access to Justice Act 24 1. This is a memorandum in support of a petition for an award of 25 26 Counsel Fees under the Equal Access to Justice Act 28 U.S.C.A. § 2412 "EAJA." 27 28 Page 9 1 2. An EAJA award is available to a "prevailing party" in a case against 2 the Federal Government, including Social Security cases, in the following 3 4 instances: 5 (a) When and if the plaintiff actually "prevails"; 6 (b) The Government's position in litigation is "not substantially 7 8 justified"; 9 (c) Plaintiff is a party whose net assets are worth less than two 10 million dollars; and 11 (d) The case has concluded with a "final order" which is non- 12 13 appealable, or will not be appealed. 14 3. Addressing these elements in reverse order, it is clear that the 15 Plaintiff has met the burden necessary to receive EAJA fees. 16 17 (a) Plaintiff's net worth did not exceed $2,000,000.00 when this 18 action was filed. 19 (b) After service of the summons and complaint, and filing of 20 21 brief by the Plaintiff, parties filed a stipulation to remand, the Court issued a 22 Decision and Order remanding to the Commissioner for further administrative 23 proceedings under sentence four 42 U.S.C.A. § 405(g). 24 25 (c) Judgment was entered on January 26, 2018. The Judgment 26 has not been appealed. 27 (d) Plaintiff has prevailed because the District Court remanded 28 Page 10 1 the case under sentence four of 42 U.S.C.A. § 405(g). Shalala v. Schaefer, 509 2 U.S. 292, 113 S. Ct. 2625, 125 L. Ed. 2d 239 (1993). 3 4 4. The commissioner was not substantially justified. As the U. S. 5 Supreme Court has held, "the required 'not substantially justified' allegation imposes no 6 proof burden on the fee applicant. It is, as its text conveys, nothing more than an 7 8 allegation or pleading requirement. The burden of establishing 'that the position of the 9 United States was substantially justified' … must be shouldered by the Government." 10 Scarborough v. Principi, 541 U.S. 401, 124 S. Ct. 1856, 158 L. Ed. 2d 674 (2004) 11 While the fee applicant such as Plaintiff is required to "show" three of the 12 13 four elements—prevailing party status, financial eligibility, and amount sought— 14 Plaintiff need only "to allege" that the position of the government is not 15 substantially justified. Id. 16 17 WHEREFORE, because all four elements of an allowable application for 18 EAJA fees have been proven, petitioner requests that the Court issue an order: 19 20 1. Awarding an Equal Access to Justice Act Counsel Fee for $5149.46, and 21 2. If the Plaintiff has no debt registered with the Department of 22 23 Treasury subject to offset that the fees be made payable to the 24 attorney. 25 3. Awarding Expenses in the amount of $17.67; and 26 4. Awarding Costs in the amount of $400.00 27 28 Page 11 1 Executed this April 24, 2018 2 3 Respectfully submitted, 4 /s/ Edward A. Wicklund 5 Edward A. Wicklund, Esq. 6 Admitted Pro Hac Vice Attorney for Plaintiff 7 Email: twicklund@windisability.com 8 9 To: Elizabeth Strange, Esq. 10 Acting United States Attorney District of Arizona 11 12 Kathryn A. Miller Special Assistant United States Attorney 13 Office of the General Counsel 14 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 15 Seattle, WA 98104-7075 16 State Bar No. WA21979 Fax: (206) 615-2531 17 Email: kathryn.a.miller@ssa.gov 18 Telephone: (206) 615-2240 19 Attorneys for Defendant 20 21 22 23 24 25 26 27 28 Page 12

Certificate of Service

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Attorney for Plaintiff 3 Olinsky Law Group 4 One Park Place 300 South State St., 5 Suite 420 6 Syracuse, New York 13202 Phone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: twicklund@windisability.com 9 Attorney for Plaintiff Teresa E. Lewis, 10 11 12 IN THE UNITED STATES DISTRICT COURT 13 DISTRICT OF ARIZONA 14 Teresa E. Lewis, 15 16 Plaintiff, Civil No. 3-17-cv-08126-DLR 17 vs. CERTIFICATE OF SERVICE 18 19 Nancy A. Berryhill, Acting 20 Commissioner of Social Security, 21 22 Defendant 23 Certificate of Service 24 25 I certify that I have electronically moved for EAJA fees with the Clerk of 26 the District Court using the CM/ECF system, which sent notification of such filing 27 28 to: Page 15 1 To: Elizabeth Strange, Esq. 2 Acting United States Attorney District of Arizona 3 4 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 9 Email: kathryn.a.miller@ssa.gov Telephone: (206) 615-2240 10 11 Attorneys for Defendant 12 13 April 24, 2018 14 /s/ Edward A. Wicklund 15 Edward A. Wicklund, Esq. 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 16

Statment Pursuant to Local Rule 54.2 (D) (1)

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Attorney for Plaintiff 3 Olinsky Law Group 4 One Park Place 300 South State St., 5 Suite 420 6 Syracuse, New York 13202 Phone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: twicklund@windisability.com 9 Attorney for Plaintiff Teresa E. Lewis, 10 11 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 12 13 Teresa E. Lewis, 14 Plaintiff, Civil No. 3-17-cv-08126-DLR 15 16 vs. CERTIFICATE OF LOCAL RULE 17 54.2 (D) (1) 18 Nancy A. Berryhill, Acting 19 Commissioner of Social Security, 20 Defendant 21 22 Certificate of Local Rule 54.2 (D) (1) 23 24 I certify that I have conferred with Counsel for Defendant via emails on 25 April 18, 2018 and April 23, 2018 regarding Plaintiff's Motion for Attorney's 26 Fees Pursuant to the Equal Access to Justice Act. Opposing counsel is presently 27 28 assessing their position regarding Plaintiff's request. This motion is opposed. Page 13 1 To: Elizabeth Strange, Esq. 2 Acting United States Attorney District of Arizona 3 4 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 9 Email: kathryn.a.miller@ssa.gov Telephone: (206) 615-2240 10 11 Attorneys for Defendant 12 April 24, 2018 13 /s/ Edward A. Wicklund 14 Edward A. Wicklund, Esq. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 14

RESPONSE to Motion re: [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Kathryn A. Miller 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. WA21979 8 Fax: (206) 615-2531 kathryn.a.miller@ssa.gov 9 Telephone: (206) 615-2240 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 PRESCOTT DIVISION 14 Teresa E. Lewis, No. CV-17-08126-PCT-DLR 15 Plaintiff, 16 DEFENDANT'S RESPONSE TO 17 vs. PLAINTIFF'S MOTION FOR 18 ATTORNEY FEES Nancy A. Berryhill, Acting Commissioner of Social Security, 19 20 Defendant. 21 Defendant, the Commissioner of Social Security, files this response to Plaintiff's 22 23 request for an award of attorney's fees pursuant to 28 U.S.C. § 2412 as set forth in 24 Plaintiff's Motion (Docket # 20 & 21). The Commissioner has given substantive 25 consideration to the merits of Plaintiff's request and found no basis to object. Therefore, 26 27 Defendant has no objection to this request and will defer to the Court's assessment of the 28 matter. 1 DATED this 8th day of May 2018. 2 Respectfully submitted, 3 ELIZABETH A. STRANGE 4 First Assistant United States Attorney 5 District of Arizona 6 s/ Kathryn A. Miller KATHRYN A. MILLER 7 Special Assistant United States Attorney 8 Of Counsel for the Defendant: 9 10 MATHEW W. PILE Acting Regional Chief Counsel, Social Security Administration 11 Office of the General Counsel, Region X 12 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 13 14 15 16 CERTIFICATE OF SERVICE 17 I hereby certify that the foregoing Defendant's Response to Plaintiff's Motion for 18 Attorney Fees was filed with the Clerk of the Court on May 8, 2018, using the CM/ECF 19 system which will send notification of such filing to the following: Edward A. Wicklund, 20 21 Esq. 22 23 s/ Kathryn A. Miller KATHRYN A. MILLER 24 Special Assistant U.S. Attorney 25 Office of the General Counsel 26 27 28 2

Order on Motion for Attorney Fees

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Teresa E Lewis, No. CV-17-08126-PCT-DLR 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Before the Court is Plaintiff's Application for Attorney Fees under the Equal 16 Access to Justice Act (EAJA). (Doc. 20.) Plaintiff requests $5,149.46 in attorneys' fees, 17 representing 6.4 hours of attorney work performed in 2017 and 2018 at an hourly rate of 18 $196.79. (Doc. 21 at 2.) Plaintiff's purported attorney's fees also include Plaintiff's 19 request of 24 hours of law clerk work performed at an hourly rate of $125, and 8.9 hours 20 of paralegal work time at an hourly rate of $100. Included with Plaintiff's motion is an 21 itemization of fees incurred. (Id. at 3.) The Commissioner has notified that Court that 22 she finds no basis to object to Plaintiff's fee application. (Doc. 22.) Having reviewed 23 Plaintiff's application and supporting materials, 24 IT IS ORDERED that Plaintiff's Application for Attorney Fees, (Doc. 20), is 25 GRANTED. Plaintiff is awarded $5,149.46 in attorneys' fees, expenses in the amount of 26 $17.67, and costs in the amount of $400.00 pursuant to the EAJA. 27 IT IS FURTHER ORDERED that if, after receiving the Court's EAJA fee order, 28 the Commissioner (1) determines upon effectuation of the Court's EAJA fee order that 1 Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, 2 and (2) agrees to waive the requirements of the Anti-Assignment Act, the fees will be 3 made payable to Plaintiff's attorney, pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2528- 4 29 (2010). If, however, there is a debt owed under the Treasury Offset Program, the 5 Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, and 6 the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but 7 delivered to Plaintiff's attorney. 8 Dated this 18th day of May, 2018. 9 10 11 12 Douglas L. Rayes 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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Description
1
07/06/2017
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14406467 filed by Teresa E Lewis. (submitted by Edward Wicklund)
1
Civil Cover Sheet
1 Attachment
2
07/06/2017
SUMMONS Submitted by Teresa E Lewis. (submitted by Edward Wicklund)
1
Summons
2
Summons
2 Attachments
3
07/06/2017
Filing fee paid, receipt number 0970-14406467. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-17-08126-PCT-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
4
07/06/2017
Summons Issued as to Commissioner of Social Security Administration, U.S. Attorney and U.S. Attorney General.
1
Summons
2
Summons
2 Attachments
07/07/2017
Remark: Pro hac vice motion granted for Edward Wicklund on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
5
07/11/2017
SCHEDULING ORDER: Within sixty (60) days after the answer is filed, Plaintiff must file an opening brief. (See Order for details.) Signed by Judge Douglas L Rayes on 7/11/2017.
6
08/02/2017
SERVICE EXECUTED filed by Teresa E Lewis: Return of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office, Office of General Counsel, Attorney General on 7/24/2017.
7
08/17/2017
NOTICE OF ATTORNEY APPEARANCE: Kathryn A. Miller appearing for Commissioner of Social Security Administration.
8
09/18/2017
ANSWER to [1] Complaint by Commissioner of Social Security Administration.
9
09/18/2017
NOTICE of Filing Certified Copy of Administrative Transcript re: [8] Answer to Complaint filed by Commissioner of Social Security Administration.
1
Certification Page
2
Court Transcript Index
3
Documents Related to Administrative Process Including Transcript of Oral Hearin
4
Payment Documents and Decisions
5
Jurisdictional Documents and Notices
6
Non Disability Related Development
7
Disability Related Development
8
Medical Records Part 1
9
Medical Records Part 2
10
Medical Records Part 3
10 Attachments
10
11/17/2017
OPENING BRIEF by Teresa E Lewis.
11
12/15/2017
First MOTION for Extension of Time to File Responsive Brief, Unopposed by Commissioner of Social Security Administration.
1
Text of Proposed Order
1 Attachment
12
12/15/2017
DECLARATION of Kathryn A. Miller re: [11] First MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.
13
12/19/2017
ORDER granting [11] Motion for Extension of Time. Defendant's to file a Responsive Brief no later than 1/18/2018. Signed by Judge Douglas L Rayes on 12/19/2017.
14
01/17/2018
Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Commissioner of Social Security Administration.
1
Text of Proposed Order
1 Attachment
15
01/17/2018
DECLARATION of Kathryn A. Miller re: [14] Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.
16
01/18/2018
ORDER granting [14] Motion for Extension of Time. The deadline for Defendant to file their Responsive Brief is extended through and including 2/1/2018. Signed by Judge Douglas L Rayes on 1/18/2018.
17
01/26/2018
MOTION to Remand to Social Security by Commissioner of Social Security Administration.
1
Text of Proposed Order Stipulated
1 Attachment
18
01/26/2018
ORDER: IT IS ORDERED that the Commissioner's final decision be reversed and remanded for further proceedings pursuant to sentence four of 42 U.S.C. §405 (g). Upon remand to the Commissioner of Social Security, the Appeals Council will instruct the Administrative Law Judge (ALJ) to: (1) reassess the severity of Plaintiff's impairments, singly and in combination, at step two of the sequential evaluation, with the assistance of a medical expert, if necessary; (2) reevaluate the medical and other source opinions, specifically, the opinions of Dr. Feldman, Dr. Kravetz, and nurse practitioner, Lea Way; and, (3) offer Plaintiff the opportunity for a hearing. This case is reversed and remanded to the ALJ on the above grounds pursuant to sentence four of 42 U.S.C. § 405(g). Upon proper presentation, this Court will consider Plaintiffs application for costs and attorney's fees under 28 U.S.C. § 2412 (d). Signed by Judge Douglas L Rayes on 1/26/2018.
19
01/26/2018
CLERK'S JUDGMENT - Pursuant to the Court's Order filed January 26, 2018, the decision of the Commissioner of Social Security is reversed, and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.
20
04/24/2018
First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Teresa E Lewis.
1
Text of Proposed Order
1 Attachment
21
04/24/2018
AFFIDAVIT in Support re: [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Teresa E Lewis.
1
Exhibit A All Professional Time
2
Exhibit B Attorney Time
3
Exhibit C Law Clerk Time
4
Exhibit D Paralegal Time
5
Exhibit E Expenses
6
Exhibit F Costs
7
Exhibit G Affirmation and Waiver of Direct Payment of EAJA Fees
8
Memorandum in Support
9
Certificate of Service
10
Statment Pursuant to Local Rule 54.2 (D) (1)
10 Attachments
22
05/08/2018
RESPONSE to Motion re: [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Commissioner of Social Security Administration.
23
05/18/2018
Order on Motion for Attorney Fees
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