Livengood v. Colvin
Court Docket Sheet

District of Alaska

3:2016-cv-00169 (akd)

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Howard D. Olinsky. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2318817.) by Tammy Lee Livengood.

UNITED STATES DISTRICT COURT DISTRICT OF ALASKA TAMMY LEE LIVENGOOD, Case No. 3:16-cv-00169-HRH Plaintiff(s), MOTION AND APPLICATION OF vs. NON-ELIGIBLE ATTORNEY FOR NANCY A. BERRYHILL, PERMISSION TO APPEAR AND Acting Commissioner of Social Security PARTICIPATE IN THE UNITED STATES DISTRICT COURT Defendant(s). FOR THE DISTRICT OF ALASKA To the Honorable Judge of the above-entitled court: I, Howard D. Olinsky, hereby apply for permission to appear and (name) participate as counsel for Tammy Lee Livengood, plaintiff, (Name of party) (plaintiff/defendant) in the above-entitled cause pursuant to Rule 83.1 (d) of the Local Rules for the United States District Court, District of Alaska. I hereby apply for permission to appear and participate as counsel WITHOUT ASSOCIATION of local counsel because [check whichever of the following boxes apply, if any]: I am a registered participant in the CM/ECF System for the District of Alaska and consent to service by electronic means through the court's CM/ECF System. I have concurrently herewith submitted an application to the Clerk of the Court for registration as a participant in the CM/ECF System for the District of Alaska and consent to service by electronic means through the court's CM/ECF System. For the reasons set forth in the attached memorandum. Case 3:16-cv-00169-HRH Document 18 Filed 04/20/17 Page 1 of 4 OR I hereby designate, a member of the Bar of this court, (Name) who maintains an office at the place within the district, with whom the court and opposing counsel may readily communicate regarding conduct of this case. DATE: (Signature) Howard D. Olinsky (Printed Name) (Address) (City/State/Zip) (Telephone Number) (e-mail address) Consent of Local Counsel* I hereby consent to the granting of the foregoing application. DATE: (Signature) (Printed Name) (Address) (City, State, Zip) (Telephone) (*Member of the Bar of the United States District Court for the District of Alaska) Case 3:16-cv-00169-HRH Document 18 Filed 04/20/17 Page 2 of 4 DECLARATION OF NON-ELIGIBLE ATTORNEY Full Name: Howard D. Olinksy Business Address: 300 S. South Street, Ste. 420, Syracuse, NY 13202 (Mailing/Street) (City, State, ZIP) Residence: 4435 Swissvale Drive, Manlius, NY 13104 (Mailing/Street) (City, State, ZIP) Business Telephone: 315-701-5780 e-mail address: holinsky@windisability.com Other Names/Aliases: N/A Jurisdictions to Which Admitted and year of Admission: See attached sheet (Jurisdiction) (Address) (Year) (Jurisdiction) (Address) (Year) (Jurisdiction) (Address) (Year) (Jurisdiction) (Address) (Year) Are you the subject of any pending disciplinary proceeding in any jurisdiction to which admitted? Yes No (If Yes, provide details on a separate attached sheet) Have you ever been suspended from practice or disbarred in any jurisdiction to which admitted? Yes No (If Yes, provide details on a separate attached sheet) In accordance with D.AK. LR 83.1(d)(4)[A](vi), I certify I have read the District of Alaska local rules by visiting the court's website at http://www.akd.uscourts.gov and understand that the practices and procedures of this court may differ from the practices and procedures in the courts to which I am regularly admitted. A Certificate of Good Standing from a jurisdiction to which I have been admitted is attached. Pursuant to 28 U.S.C. §1746, I hereby declare under penalty of perjury that the foregoing information is true, correct, and accurate. Dated: April 20, 2017 s/Howard D. Olinsky (Signature of Applicant) Case 3:16-cv-00169-HRH Document 18 Filed 04/20/17 Page 3 of 4 Attachment to Pro Hac Vice Application for Howard D. Olinsky: Court Date of Admission In Good Standing? New York State 02/07/1986 YES State of Georgia 01/23/2014 YES United States Supreme Court 04/01/1991 YES Court of Appeals for 2nd Circuit 11/01/2002 YES Court of Appeals for 6th Circuit 10/15/2013 YES Court of Appeals for Federal Circuit 06/12/2007 YES U.S. Court of Veteran’s Appeals, Washington D.C. 06/12/2007 YES U.S.D.C., NDNY 04/22/1986 YES U.S.D.C., WDNY 01/29/2001 YES U.S.D.C., EDNY 03/21/2003 YES U.S.D.C., SDNY 03/25/2003 YES U.S.D.C., DCT 12/10/2010 YES U.S.D.C., NDFL 10/31/2011 YES U.S.D.C., EDMI 02/25/2013 YES U.S.D.C., WDMI 12/26/2013 YES U.S.D.C., EDTX 12/20/2013 YES U.S.D.C., EDAR 01/03/2014 YES U.S.D.C., WDAR 01/03/2014 YES U.S.D.C., MDGA 01/28/2014 YES U.S.D.C., NDIL 01/30/2014 YES U.S.D.C., NDGA 02/10/2014 YES U.S.D.C., EDWI 04/14/2014 YES U.S.D.C., NDTX 05/15/2014 YES U.S.D.C., DCO 06/18/2014 YES U.S.D.C., SDGA 06/02/2014 YES U.S.D.C., WDWI 07/03/2014 YES U.S.D.C., WDTX 09/15/2014 YES U.S.D.C., NDIN 08/04/2015 YES U.S.D.C., CDIL 09/24/2015 YES U.S.D.C., SDIL 09/25/2015 YES U.S.D.C., EDMO 04/13/2017 YES Case 3:16-cv-00169-HRH Document 18 Filed 04/20/17 Page 4 of 4

Certificate of Good Standing

AO 136 (Rev. 10/13) Certificate of Good Standing UNITED STATES DISTRICT COURT for the Northern District of New York CERTIFICATE OF GOOD STANDING I, Lawrence K. Baerman, Clerk of this Court, certify that HOWARD D. OLINSKY, Bar # 102297, was duly admitted to practice in this Court on April 22, 1986, and is in good standing as a member of the Bar of this Court. Dated at Syracuse, New York on March 27, 2017 (Location) (Date) Lawrence K. Baerman CLERK DEPUTY CLERK Case 3:16-cv-00169-HRH Document 18-1 Filed 04/20/17 Page 1 of 1

ORDER granting [18] Application of Non-Resident Attorney

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA NANCY A. BERRYHILL, Acting TAMMY LEE LIVENGOOD v. Commissioner of Social Security JUDGE H. RUSSEL HOLLAND CASE NO. 3:16-cv-0169-HRH PROCEEDINGS: ORDER FROM CHAMBERS The court has reviewed the motion for admission1 of non-resident attorney Howard D. Olinsky for permission to appear and participate in this case as counsel for plaintiff Tammy Lee Livengood without the association of local counsel. The motion is granted. 1 Docket No. 18. Order from Chambers – Application of Non-Resident Attorney-1-Case 3:16-cv-00169-HRH Document 19 Filed 04/24/17 Page 1 of 1

First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Unopposed by Tammy Lee Livengood.

HOWARD D. OLINSKY, Esq. New York No. 2044865 Attorney for Plaintiff Admitted Pro Hac Vice Olinsky Law Group One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: fedctgroup@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA TAMMY LEE LIVENGOOD, Plaintiff, Civil Action No. 3:16-CV-00169-HRH v-COMMISSIONER OF SOCIAL SECURITY, Defendant.-----------------------------------------------------------Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 COMES NOW Plaintiff, by her attorney, Howard D. Olinsky, moves the court for an award to be paid by the Defendant under the Equal Access to Justice Act, 28 USCS § 2412. Plaintiff may receive an award under the Equal Access to Justice Act because she is the prevailing party, is an individual whose net worth did not exceed two million dollars when the action was filed, and the position of the United States and at the agency was not substantially justified. There are no special circumstances in this case which make an award under the EAJA unjust. Case 3:16-cv-00169-HRH Document 20 Filed 05/16/17 Page 1 of 2 This motion is supported by a Declaration of Plaintiff’s attorney, attached time and cost records and an Affidavit and Waiver of Direct Payment by the plaintiff. Executed this May 16, 2017 Respectfully submitted,/s/Howard D. Olinsky Howard D. Olinsky New York Bar # 2044865 Attorney for Plaintiff Admitted Pro Hac Vice Olinsky Law Group One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 Phone: (315) 701-5780 Fax: (315) 701-5781 Email: fedctgroup@windisability.com To: Leisa A. Wolf, Esq. Special Assistant United States Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-3621 Fax: (206) 615-2531 Email: leisa.wolf@ssa.gov Case 3:16-cv-00169-HRH Document 20 Filed 05/16/17 Page 2 of 2

Proposed Order

UNITED STATES DISTRICT COURT DISTRICT OF ALASKA TAMMY LEE LIVENGOOD, Plaintiff, Civil Action No. 3:16-CV-00169-HRH-v-COMMISSIONER OF SOCIAL SECURITY, Defendant.-----------------------------------------------------------(Proposed) Order Awarding Attorney’s Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) Before the Court is the Motion of Plaintiff, Tammy Lee Livengood, for award of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the position of the defendant commissioner, if any, and recognizing the Plaintiff’s waiver of direct payment and assignment of EAJA to his counsel, IT IS HEREBY ORDERED that attorney fees, expenses, and costs in the total amount of Five Thousand Thirty-Six Dollars and Sixty-Seven Cents ($5,936.67) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). The Court hereby awards EAJA fees, broken down as follows: 1. Plaintiff is awarded $5,916.75 for paralegal and attorney’s fees under 28 U.S.C. § 2412(d); 2. Plaintiff is awarded $19.92 in expenses for Certified Mail for service of Summons and Complaint. If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees, expenses, and costs are not subject to offset allowed under the Department of the Treasury’s Offset Program (TOPS), then the check for EAJA fees, expenses, and costs shall be made payable to Plaintiff’s attorney, Howard D. Olinsky. Whether the check is made payable to Plaintiff or to Howard D. Olinsky, the check shall be mailed to Howard D. Olinsky at the following address: 300 South State Street Case 3:16-cv-00169-HRH Document 20-1 Filed 05/16/17 Page 1 of 2 Suite 420 Syracuse, NY 13202 So ordered. Date: ________________ ______________________________ H. Russell Holland United States District Judge [proposed Order proffer: Howard D. Olinsky; copy to Leisa A. Wolf] Case 3:16-cv-00169-HRH Document 20-1 Filed 05/16/17 Page 2 of 2

DECLARATION of Howard D. Olinsky, Esq. re [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Unopposed by Tammy Lee Livengood.

HOWARD D. OLINSKY, Esq. New York No. 2044865 Attorney for Plaintiff Admitted Pro Hac Vice Olinsky Law Group One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: fedctgroup@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA TAMMY LEE LIVENGOOD, Plaintiff, Civil Action No. 3:16-CV-00169-HRH-v-COMMISSIONER OF SOCIAL SECURITY, Defendant.-----------------------------------------------------------Attorney’s Affirmation In Support Of Fees Pursuant To the Equal Access to Justice Act, 28 U.S.C. § 2412 ________________________________________ STATE OF NEW YORK) COUNTY OF ONONDAGA) ss: Howard D. Olinsky, affirms and declares as follows: 1. I am an attorney licensed to practice law in the State of New York and admitted to the District of Alaska Federal Court Pro Hac Vice and I am the plaintiff’s attorney in this matter. 2. I make this affirmation knowing that the Court will rely upon it assessing any awards under the Equal Access to Justice Act disposed of under 28 USCS § 2412. 3. There are no special circumstances in this case which make an award under the EAJA unjust. Case 3:16-cv-00169-HRH Document 21 Filed 05/16/17 Page 1 of 3 4. The Court ordered on March 24, 2017 that the above-entitled case be remanded for further proceedings, under the fourth sentence of 42 U.S.C. § 405(g). 5. For the Equal Access to Justice Act, I am requesting an hourly rate of $192.68 for attorney time. See generally, http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039 U.S.C.A 9th Circuit EAJA Table. If attorney fees are calculated at this rate for 26.4 hours of work performed, they total $5,08675. 6. I am also requesting $100.00 per hour for 9.3 hours of paralegal time equaling $930.00. 7. The attorneys for the Plaintiff and Defendant have conferred and have agreed to jointly request the Court to Order a payment of EAJA fees in the amount of $5,916.75. 8. The time accounting is presented to the court in two fashions. The total compensable time spent by all professional staff (Exhibit A); the total compensable time spent by all attorneys (Exhibit B); the total compensable time spent by paralegals (Exhibit C). The attorneys involved in this case are as follows: Paul B. Eaglin, Esq., Howard D. Olinsky, Esq., and Betsy Shepard, Esq. The Paralegals involved in working on this case are as follows: Shannon Persse, Michelle Callahan, Michael Smith, and Tamica Lockwood. 9. I am requesting reimbursement of expenses in the amount $19.92 for Certified Mail for service of the summons and complaint as shown in Exhibit D. 10. All services on this case were rendered by your affiant and my professional staff, unless specifically noted otherwise. The attached records were created and stored in the firms Prevail Database, and are printed out and attached. The itemized time represents hours spent preparing and handling this case for U.S. District Court. Clerical time is not included in this petition or has been zeroed out. Case 3:16-cv-00169-HRH Document 21 Filed 05/16/17 Page 2 of 3 11. Attached is the Fee Agreement duly executed by the plaintiff (Exhibit E). Waiver of Direct Payment of EAJA Fees 12. Attached is an Affidavit and Waiver of Direct Payment duly executed by the plaintiff (Exhibit F). With this Waiver, if Plaintiff owes a debt that qualifies under the Treasury Offset Program (31 USCS § 3716), any payment shall be made payable to the Plaintiff and delivered to the Plaintiff’s attorney. If the United States Department of Treasury determines that Plaintiff owes no debt subject to offset, the government will pay such fees directly to the Plaintiff’s attorney. Astrue v. Ratliff, 560 U.S. 586 (U.S. 2010). Executed this May 16, 2017 Respectfully submitted,/s/Howard D. Olinsky Howard D. Olinsky New York Bar # 2044865 Attorney for Plaintiff Admitted Pro Hac Vice Olinsky Law Group One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 Phone: (315) 701-5780 Email: fedctgroup@windisability.com To: Leisa A. Wolf, Esq. Special Assistant United States Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-3621 Fax: (206) 615-2531 Email: leisa.wolf@ssa.gov Case 3:16-cv-00169-HRH Document 21 Filed 05/16/17 Page 3 of 3

Exhibit A All Professional Time

Exhibit A Ledger Livengood, Tammy Lee Date  Subject Hours Timekeeper 7/12/2016 Files received and processed from Referral Source for Attorney review 0.6 Lockwood, Tamica 7/12/2016 Correspondence to Client re: Referral acknowledgment letter 0.2 Lockwood, Tamica 7/15/2016 Telephone call to Client re: Missing file information 0.1 Lockwood, Tamica 7/18/2016 Telephone call to Client re: Attempt federal debt check-left VM 0 Lockwood, Tamica 7/20/2016 Telephone call with Client re: Debt conference call, explained process 0.4 Lockwood, Tamica 7/22/2016 Review decisions and evidence to determine whether to appeal case 1 Eaglin, Paul B. 7/25/2016 Telephone call to Client re: FDC acceptance/forms-left VM 0.1 Lockwood, Tamica 7/26/2016 Telephone call to Client re: FDC acceptance/forms-left VM 0 Lockwood, Tamica 7/27/2016 FDC prospect packet prepared for Client completion 0.5 Lockwood, Tamica 7/27/2016 Telephone call with Client re: Assistance with In Forma Pauperis Application 0.3 Lockwood, Tamica 7/27/2016 FDC Prospect packet sent to Client via Right Signature 0.2 Lockwood, Tamica 7/28/2016 Telephone call with Client re: Explained how to send back forms 0.2 Lockwood, Tamica 7/29/2016 Telephone call with Client re: Follow up on federal court forms 0.1 Lockwood, Tamica 7/29/2016 Telephone call with Client re: Requested forms resent to new email 0.1 Lockwood, Tamica 7/29/2016 FDC Prospect packet sent via Right Sig for client completion-Second Time 0.2 Lockwood, Tamica 7/29/2016 FDC Prospect packet returned via Right Sig/Reviewed for completion 0.3 Smith, Michael P. 8/5/2016 Draft complaint, proposed summons, civil cover sheet, and letter to clerk 0.8 Eaglin, Paul B. 8/5/2016 Review Motion for In Forma Pauperis, approve for filing 0.2 Eaglin, Paul B. 8/5/2016 Email Initiating case documents to the clerk for filing/docketing 0 Smith, Michael P. 8/8/2016 Federal Court-Accept Letter-New FDC Filing 0.3 Smith, Michael P. 8/8/2016 Download, file, save and distribute ECF re: Complaint 0 Callahan, Michelle 8/8/2016 Download, file, save and distribute ECF re: Civil Cover Sheet 0 Callahan, Michelle 8/8/2016 Download, file, save and distribute ECF re: Motion for Leave in Forma Pauperis 0 Callahan, Michelle 8/8/2016 Download, file, save and distribute ECF re: Unissued summons 0 Callahan, Michelle 8/9/2016 Download, file, save & distribute ECF re: Order directing service, granting IFP 0 Callahan, Michelle 8/9/2016 Review Order granting In Forma Pauperis status, directing service of process 0.1 Eaglin, Paul B. 8/9/2016 Download, file, save and distribute ECF re: Summons issued (notice only) 0 Callahan, Michelle 8/9/2016 Review Summons Issued (text notice only) 0.1 Eaglin, Paul B. 8/15/2016 Received and processed Issued Summons via USPS 0.2 Smith, Michael P. 8/15/2016 Review Summons Issued 0.3 Eaglin, Paul B. 8/19/2016 Receive and processed returned mail 0 Callahan, Michelle 8/26/2016 Federal Court-Service of Process-Prepare Service packets USAO, OGC, AG 0.6 Callahan, Michelle 9/1/2016 Download, file, save and distribute ECF re: NOA Richard L. Pomeroy 0 Lockwood, Tamica 9/1/2016 Review Notice of appearance Richard L. Pomeroy o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 9/2/2016 Download, file, save and distribute ECF re: SS scheduling order 0 Lockwood, Tamica 9/2/2016 Review Social Security scheduling order, calendar deadlines on task pad 0.3 Eaglin, Paul B. 9/2/2016 Download, file, save and distribute ECF re: Docket annotation brief event 0 Lockwood, Tamica 9/2/2016 Review Docket annotation brief filing event 0.1 Eaglin, Paul B. 9/6/2016 Download, file, save electronic return receipts USAO, OCG and AG 0 Callahan, Michelle 9/6/2016 Download, file, save and distribute ECF re: NOA Leisa A. Wolf 0 Lockwood, Tamica 35.70 (Type = Time) and (Category = Federal Court)    Case 3:16-cv-00169-HRH Document 21-1 Filed 05/16/17 Page 2 of 3 Date  Subject Hours Timekeeper 9/6/2016 Review Notice of appearance Leisa A. Wolf o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 9/12/2016 Combine and file proof of service via CM/ECF 0.3 Callahan, Michelle 9/12/2016 Download, file, save and distribute ECF re: Summons returned executed 0 Lockwood, Tamica 9/12/2016 Review Summons returned executed 0.1 Eaglin, Paul B. 10/14/2016 Telephone call with Client re: Status update, address returned mail 0.2 Callahan, Michelle 10/28/2016 Download, file, save and distribute ECF re: Answer to filed complaint 0 Lockwood, Tamica 10/28/2016 Review Answer to filed complaint 0.1 Eaglin, Paul B. 10/28/2016 Download, file and save federal court transcript in thirteen (13) parts 0.3 Lockwood, Tamica 10/28/2016 Combine, OCR, and Live bookmark federal court transcript (1009 pages) 1 Lockwood, Tamica 10/31/2016 Preliminary review of transcript-assign Attorney writer 0.5 Eaglin, Paul B. 11/18/2016 tele conference w/writer re: issues to address 0.5 Eaglin, Paul B. 11/21/2016 Reviewing CAR 5.8 Shephard, Betsy R. 11/22/2016 Continue rev CAR and outline, resh local rules, start facts section 7.8 Shephard, Betsy R. 11/23/2016 Researching issues, drafting arguments 6.9 Shephard, Betsy R. 11/25/2016 Sr.Attorney review draft brief, implement edits, finalize and file (n/c filing) 0 Eaglin, Paul B. 11/28/2016 Download, file, save and distribute ECF re: Plaintiff Brief 0 Lockwood, Tamica 12/19/2016 Download, file, save and distribute ECF re: Motion for extension for time 0 Lockwood, Tamica 12/19/2016 Review Defendant's motion for extension to file brief 0.1 Eaglin, Paul B. 12/22/2016 Download, file, save and distribute ECF re: Order granting D. motion extension 0 Lockwood, Tamica 12/22/2016 Review Order granting Defendants motion for extension to file brief 0.1 Eaglin, Paul B. 1/10/2017 Download, file, save and distribute ECF re: Response in Opposition 0 Lockwood, Tamica 1/10/2017 Review Defendant's response in opposition to P. motion to remand (17 pages) 0.4 Eaglin, Paul B. 2/10/2017 Download, file, save and distribute ECF re: Docket annotation Nancy A. Beryhill 0 Lockwood, Tamica 2/10/2017 Review Docket annotation Nancy A. Beryhill as Commissioner of SSA 0.1 Eaglin, Paul B. 3/10/2017 Telephone call with Client re: Status and address update 0.2 Lockwood, Tamica 3/24/2017 Download, file, save and distribute ECF re: Order reversed and remanded 0 Lockwood, Tamica 3/24/2017 Review Order reversing and remanding (22 pages) 0.3 Eaglin, Paul B. 3/27/2017 Download, file, save and distribute ECF re: Judgment 0 Lockwood, Tamica 3/27/2017 Review Judgment in favor of Tammy Lee Livengood 0.1 Eaglin, Paul B. 3/31/2017 Correspondence to Client re: FDC Remand 0.2 Callahan, Michelle 3/31/2017 Federal Court-Remand Referral back to Referral Source 0.3 Callahan, Michelle 4/28/2017 EAJA Preparation 1.5 Persse, Shannon 5/1/2017 Review EAJA Timeslips, Finalize EAJA Narrative 0.5 Olinsky, Howard D. 5/4/2017 Finalize EAJA Narrative, Time Slips, Exhibits, File per Local Rules 0.9 Persse, Shannon 35.70 (Type = Time) and (Category = Federal Court)    Case 3:16-cv-00169-HRH Document 21-1 Filed 05/16/17 Page 3 of 3

Exhibit B Attorney Time

Exhibit B Ledger Livengood, Tammy Lee Date  Subject Hours Timekeeper 7/22/2016 Review decisions and evidence to determine whether to appeal case 1 Eaglin, Paul B. 8/5/2016 Draft complaint, proposed summons, civil cover sheet, and letter to clerk 0.8 Eaglin, Paul B. 8/5/2016 Review Motion for In Forma Pauperis, approve for filing 0.2 Eaglin, Paul B. 8/9/2016 Review Order granting In Forma Pauperis status, directing service of process 0.1 Eaglin, Paul B. 8/9/2016 Review Summons Issued (text notice only) 0.1 Eaglin, Paul B. 8/15/2016 Review Summons Issued 0.3 Eaglin, Paul B. 9/1/2016 Review Notice of appearance Richard L. Pomeroy o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 9/2/2016 Review Social Security scheduling order, calendar deadlines on task pad 0.3 Eaglin, Paul B. 9/2/2016 Review Docket annotation brief filing event 0.1 Eaglin, Paul B. 9/6/2016 Review Notice of appearance Leisa A. Wolf o/b/o Carolyn Colvin 0.1 Eaglin, Paul B. 9/12/2016 Review Summons returned executed 0.1 Eaglin, Paul B. 10/28/2016 Review Answer to filed complaint 0.1 Eaglin, Paul B. 10/31/2016 Preliminary review of transcript-assign Attorney writer 0.5 Eaglin, Paul B. 11/18/2016 tele conference w/writer re: issues to address 0.5 Eaglin, Paul B. 11/21/2016 Reviewing CAR 5.8 Shephard, Betsy R. 11/22/2016 Continue rev CAR and outline, resh local rules, start facts section 7.8 Shephard, Betsy R. 11/23/2016 Researching issues, drafting arguments 6.9 Shephard, Betsy R. 11/25/2016 Sr.Attorney review draft brief, implement edits, finalize and file (n/c filing) 0 Eaglin, Paul B. 12/19/2016 Review Defendant's motion for extension to file brief 0.1 Eaglin, Paul B. 12/22/2016 Review Order granting Defendants motion for extension to file brief 0.1 Eaglin, Paul B. 1/10/2017 Review Defendant's response in opposition to P. motion to remand (17 pages) 0.4 Eaglin, Paul B. 2/10/2017 Review Docket annotation Nancy A. Beryhill as Commissioner of SSA 0.1 Eaglin, Paul B. 3/24/2017 Review Order reversing and remanding (22 pages) 0.3 Eaglin, Paul B. 3/27/2017 Review Judgment in favor of Tammy Lee Livengood 0.1 Eaglin, Paul B. 5/1/2017 Review EAJA Timeslips, Finalize EAJA Narrative 0.5 Olinsky, Howard D. 26.40 (Type = Time) and (Category = Federal Court) and ((Timekeeper = Eaglin, Paul B.) or (Timekeeper = Olinsky, Howard D.) or (Tim...    Case 3:16-cv-00169-HRH Document 21-2 Filed 05/16/17 Page 2 of 2

Exhibit C Paralegal Time

Exhibit C Ledger Livengood, Tammy Lee Date  Subject Hours Timekeeper 7/12/2016 Files received and processed from Referral Source for Attorney review 0.6 Lockwood, Tamica 7/12/2016 Correspondence to Client re: Referral acknowledgment letter 0.2 Lockwood, Tamica 7/15/2016 Telephone call to Client re: Missing file information 0.1 Lockwood, Tamica 7/18/2016 Telephone call to Client re: Attempt federal debt check-left VM 0 Lockwood, Tamica 7/20/2016 Telephone call with Client re: Debt conference call, explained process 0.4 Lockwood, Tamica 7/25/2016 Telephone call to Client re: FDC acceptance/forms-left VM 0.1 Lockwood, Tamica 7/26/2016 Telephone call to Client re: FDC acceptance/forms-left VM 0 Lockwood, Tamica 7/27/2016 FDC prospect packet prepared for Client completion 0.5 Lockwood, Tamica 7/27/2016 Telephone call with Client re: Assistance with In Forma Pauperis Application 0.3 Lockwood, Tamica 7/27/2016 FDC Prospect packet sent to Client via Right Signature 0.2 Lockwood, Tamica 7/28/2016 Telephone call with Client re: Explained how to send back forms 0.2 Lockwood, Tamica 7/29/2016 Telephone call with Client re: Follow up on federal court forms 0.1 Lockwood, Tamica 7/29/2016 Telephone call with Client re: Requested forms resent to new email 0.1 Lockwood, Tamica 7/29/2016 FDC Prospect packet sent via Right Sig for client completion-Second Time 0.2 Lockwood, Tamica 7/29/2016 FDC Prospect packet returned via Right Sig/Reviewed for completion 0.3 Smith, Michael P. 8/5/2016 Email Initiating case documents to the clerk for filing/docketing 0 Smith, Michael P. 8/8/2016 Federal Court-Accept Letter-New FDC Filing 0.3 Smith, Michael P. 8/8/2016 Download, file, save and distribute ECF re: Complaint 0 Callahan, Michelle 8/8/2016 Download, file, save and distribute ECF re: Civil Cover Sheet 0 Callahan, Michelle 8/8/2016 Download, file, save and distribute ECF re: Motion for Leave in Forma Pauperis 0 Callahan, Michelle 8/8/2016 Download, file, save and distribute ECF re: Unissued summons 0 Callahan, Michelle 8/9/2016 Download, file, save & distribute ECF re: Order directing service, granting IFP 0 Callahan, Michelle 8/9/2016 Download, file, save and distribute ECF re: Summons issued (notice only) 0 Callahan, Michelle 8/15/2016 Received and processed Issued Summons via USPS 0.2 Smith, Michael P. 8/19/2016 Receive and processed returned mail 0 Callahan, Michelle 8/26/2016 Federal Court-Service of Process-Prepare Service packets USAO, OGC, AG 0.6 Callahan, Michelle 9/1/2016 Download, file, save and distribute ECF re: NOA Richard L. Pomeroy 0 Lockwood, Tamica 9/2/2016 Download, file, save and distribute ECF re: SS scheduling order 0 Lockwood, Tamica 9/2/2016 Download, file, save and distribute ECF re: Docket annotation brief event 0 Lockwood, Tamica 9/6/2016 Download, file, save electronic return receipts USAO, OCG and AG 0 Callahan, Michelle 9/6/2016 Download, file, save and distribute ECF re: NOA Leisa A. Wolf 0 Lockwood, Tamica 9/12/2016 Combine and file proof of service via CM/ECF 0.3 Callahan, Michelle 9/12/2016 Download, file, save and distribute ECF re: Summons returned executed 0 Lockwood, Tamica 10/14/2016 Telephone call with Client re: Status update, address returned mail 0.2 Callahan, Michelle 10/28/2016 Download, file, save and distribute ECF re: Answer to filed complaint 0 Lockwood, Tamica 10/28/2016 Download, file and save federal court transcript in thirteen (13) parts 0.3 Lockwood, Tamica 10/28/2016 Combine, OCR, and Live bookmark federal court transcript (1009 pages) 1 Lockwood, Tamica 11/28/2016 Download, file, save and distribute ECF re: Plaintiff Brief 0 Lockwood, Tamica 12/19/2016 Download, file, save and distribute ECF re: Motion for extension for time 0 Lockwood, Tamica 12/22/2016 Download, file, save and distribute ECF re: Order granting D. motion extension 0 Lockwood, Tamica 9.30 (Type = Time) and (Category = Federal Court) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Lockwood, Tamica) or (T...    Case 3:16-cv-00169-HRH Document 21-3 Filed 05/16/17 Page 2 of 3 Date  Subject Hours Timekeeper 1/10/2017 Download, file, save and distribute ECF re: Response in Opposition 0 Lockwood, Tamica 2/10/2017 Download, file, save and distribute ECF re: Docket annotation Nancy A. Beryhill 0 Lockwood, Tamica 3/10/2017 Telephone call with Client re: Status and address update 0.2 Lockwood, Tamica 3/24/2017 Download, file, save and distribute ECF re: Order reversed and remanded 0 Lockwood, Tamica 3/27/2017 Download, file, save and distribute ECF re: Judgment 0 Lockwood, Tamica 3/31/2017 Correspondence to Client re: FDC Remand 0.2 Callahan, Michelle 3/31/2017 Federal Court-Remand Referral back to Referral Source 0.3 Callahan, Michelle 4/28/2017 EAJA Preparation 1.5 Persse, Shannon 5/4/2017 Finalize EAJA Narrative, Time Slips, Exhibits, File per Local Rules 0.9 Persse, Shannon 9.30 (Type = Time) and (Category = Federal Court) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Lockwood, Tamica) or (T...    Case 3:16-cv-00169-HRH Document 21-3 Filed 05/16/17 Page 3 of 3

Exhibit D Expenses

Exhibit D Ledger Livengood, Tammy Lee Date  Subject Amount Timekeeper 8/26/2016 Certified Mail Expense re: Federal Court-Service of Process to Defendant's $19.92 Callahan, Michelle $19.92 (Category = FC Expense-)    Case 3:16-cv-00169-HRH Document 21-4 Filed 05/16/17 Page 2 of 2

Exhibit E Fee Agreement

Exhibit E FEE AGREEMENT-FEDERAL COURT SOCIAL SECURITY APPEAL 1. SCOPE OF REPRESENTATION: I hereby employ the attorneys at Olinsky Law Group ("OLG" or "my federal court attorney") to represent me during a federal court review of my Social Security case. The scope of representation consists of appealing a final decision that I am not disabled, which was made by the Social Security Administration ("SSA"), to a United States District Court. Representation may also include appealing an unfavorable decision from a United States District Court to a United States Court of Appeals; however an appeal to a United States Court of Appeals is at the discretion of my federal court attorney. References to "federal court" in this agreement will include representation before a United States Court of Appeals if my case is appealed to that court. 2. ATTORNEY’S FEE: I understand that if my federal court attorney wins my case in federal court, which means that either my case is remanded to the SSA for further proceedings pursuant to sentence 4 or sentence 6 of § 205(g) of the Social Security Act and/or the federal court enters a directed finding that I am disabled, my federal court attorney will petition for an award of attorney fees for work performed at the federal court(s) pursuant to the Equal Access to Justice Act ("EAJA"). I understand that an EAJA award is paid by the government, does not come from my back benefits, and any award must be approved by the federal court. I hereby assign any court-awarded EAJA attorney fees to my federal court attorney. I agree that any such payment belongs to my federal court attorney. I authorize my federal court attorney to settle the amount of any EAJA fee using his or her professional judgment. I agree to cooperate in any way that I can so that my federal court attorney’s full fee is authorized. If my y federal court attorney receives an EAJA check made payable to me, I hereby explicitly give authority to my federal attorney to endorse the check with my name and deposit it in my federal court attorney’s general office account. I hereby state that my net worth is less than $2,000,000.00. I understand that my federal court attorney may receive the EAJA award as his or her sole compensation for representing me in court. However, I understand that my federal court attorney also has the right to ask the court to award any remaining balance of 25% of my past-due benefits ("406(b) fees") for representing me in federal court. My federal court attorney has this right if the representative, who represents me during remand proceedings, does not collect the full 25% of my past-due benefits during a remand proceeding; and also if (1) my case is remanded pursuant to sentence 6 of § 205(g) of the Social Security Act; or (2) my case is remanded pursuant to sentence 4 of § 205(g) of the Social Security Act and my federal court attorney is unable to collect the authorized EAJA award due to any unpaid federal debt that I may have at the conclusion of the federal case; or if I failed to effectively assign the EAJA award to my federal court attorney; or at the discretion of my federal court attorney. I understand that if the court awards my federal court attorney a fee out of my past-due benefits and also awards an EAJA fee for that same work, my federal court attorney must refund the smaller fee to me. I understand that thee SSA will withhold my past-due benefits and will send any approved fee to my federal court attorney. If SSA, through error, fails to withhold my federal court attorney’s fee and pays the legal fee to me by mistake (which sometimes happens), I will pay my federal court attorney promptly from the back benefits I receive. If my retroactive payment is released in installments, I agree that I will pay the entire authorized federal court attorney’s fee from the first installment. I understand that the total fee could amount to many thousands of dollars. I understand that my federal court attorney may seek the maximum fee this contract allows under the law. My federal court attorney does not promise to minimize either the EAJA or 406(b) fees he or she seeks and/or receives. Case 3:16-cv-00169-HRH Document 21-5 Filed 05/16/17 Page 2 of 3 I understand that if my case loses in federal court, which means that the federal court affirms the decision of the SSA that I am not disabled, my federal court attorney is not entitled to a fee for his or her time spent representing me in federal court. 3. CONSENT TO EXCHANGE OF INFORMATION: I agree that the OLG and any representative(s) that represented me before SSA for the case that is being appealed to federal court may share (1) my contact information, (2) information regarding my case in federal court, including documents filed in court, (3) my SSA exhibit file including all my medical records, and (4) information regarding the status of any remand proceedings. I agree that if a federal court remands my case, the OLG may refer my case to {[ERROR]} for possible representation on remand. I agree that the OLG may share (1) my contact information, (2) information regarding my federal court case, including documents filed in court, (3) my SSA exhibit file including all my medical records, and (4) information regarding the status of any remand proceedings, with {[ERROR]}. I acknowledge that the United States District Court will issue a written decision on my case, and that decision is a matter of public record which may be published on the internet by case reporting services. 4. TERMINATION OF AGREEMENT AND CONSENT TO PROVIDE UPDATED CONTACT INFORMATION: This agreement terminates at the option of my federal court attorney if we lose at the United States District Court. My federal court attorney will mail me a copy of the court’s final decision at the last address I provide my federal court attorney. I agree to inform my federal court attorney each time I change my mailing address and/or telephone number. 5. I HAVE NOT BEEN PROMISED THAT I WILL WIN: My federal court attorney has not promised that I will win my case. I recognize that I may lose my case. I am aware that a federal court may take several years to decide my case. This agreement supersedes and replaces any previous fee agreement I may have signed with any attorney for representation at Federal Court. It does not supersede or replace any fee agreement made for representation before the Social Security Administration. Dated: July 27, 2016 Signature: __________________________________ Claimant Name: Ms. Tammy Lee Livengood Claimant Social Security Number: 339-62-5698 Dated: __________ Signature: ___________________________________ Howard D. Olinsky, Esq. Case 3:16-cv-00169-HRH Document 21-5 Filed 05/16/17 Page 3 of 3

Exhibit F Affirmation and Waiver of Direct Payment of EAJA Fees

Exhibit F UNITED STATES DISTRICT COURT DISTRICT OF ALASKA (ANCHORAGE DIVISION)--------------------------------------------------------------MS. TAMMY LEE LIVENGOOD, OOD AFFIRMATION AND WAIVER OF DIRECT PAYMENT Plaintiff, OF EAJA FEES v. Civil Action No.: _________________ CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, Defendant.---------------------------------------------------------------Ms. Tammy Lee Livengood, 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 July 27, 2016. __________________________ Ms. Tammy Lee Livengood Plaintiff Case 3:16-cv-00169-HRH Document 21-6 Filed 05/16/17 Page 2 of 2

Memorandum In Support

HOWARD D. OLINSKY, Esq. New York No. 2044865 Attorney for Plaintiff Admitted Pro Hac Vice Olinsky Law Group One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: fedctgroup@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA TAMMY LEE LIVENGOOD, Plaintiff, Civil Action No. 3:16-CV-00169-HRH-v-COMMISSIONER OF SOCIAL SECURITY, Defendant.-----------------------------------------------------------Memorandum in Support of Plaintiff’s Petition for Counsel Fee Allowance Under Equal Access to Justice Act 1. This is a memorandum in support of a petition for an award of Counsel Fees under the Equal Access to Justice Act, 28 USCS § 2412 "EAJA." 2. An EAJA award is available to a "prevailing party" in a case against the Federal Government, including Social Security cases, in the following instances: (a) When and if the plaintiff actually "prevails"; (b) The Government’s position in litigation is "not substantially justified"; (c) Plaintiff is a party whose net assets are worth less than two million dollars; and Case 3:16-cv-00169-HRH Document 21-7 Filed 05/16/17 Page 1 of 3 (d) The case has concluded with a "final order" which is non-appealable, or will not be appealed. 3. Addressing these elements in reverse order, it is clear that the Plaintiff has met the burden necessary to receive EAJA fees. (a) Plaintiff’s net worth did not exceed $2,000,000.00 when this action was filed. (b) After service of the summons and complaint and submission of a brief by the both parties, District Judge Hon. H. Russell Holland signed an Order on March 24, 2017 remanding this matter to the Commissioner for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). (c) Judgment was entered on March 27, 2017. The Judgment has not been appealed. (d) Plaintiff has prevailed because the District Court remanded the case under sentence four of 42 U.S.C. § 405(g). Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993) 4. The commissioner was not substantially justified. As the U. S. Supreme Court has held, "the required'not substantially justified’ allegation imposes no proof burden on the fee applicant. It is, as its text conveys, nothing more than an allegation or pleading requirement. The burden of establishing'that the position of the United States was substantially justified’ … must be shouldered by the Government." Scarborough v. Principi, 541 U. S. 401, 414 (2004). While the fee applicant such as Plaintiff is required to "show" three of the four elements—prevailing party status, financial eligibility, and amount sought—Plaintiff need only "to allege" that the position of the government is not substantially justified. Id. WHEREFORE, because all four elements of an allowable application for EAJA fees have been proven or alleged, petitioner humbly prays that the Court issue an order: Case 3:16-cv-00169-HRH Document 21-7 Filed 05/16/17 Page 2 of 3 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,916.75; and 2. If the Plaintiff has no debt registered with the Department of Treasury subject to offset that the fees be made payable to the attorney; and 3. Awarding Expenses in the amount of $19.92. I declare under the penalty of perjury that the foregoing is true and correct. Executed this May 16, 2017 Respectfully submitted,/s/Howard D. Olinsky Howard D. Olinsky New York Bar # 2044865 Attorney for Plaintiff Admitted Pro Hac Vice Olinsky Law Group One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 Phone: (315) 701-5780 Email: fedctgroup@windisability.com To: Leisa A. Wolf, Esq. Special Assistant United States Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-3621 Fax: (206) 615-2531 Email: leisa.wolf@ssa.gov Case 3:16-cv-00169-HRH Document 21-7 Filed 05/16/17 Page 3 of 3

Certificate of Service

HOWARD D. OLINSKY, Esq. New York No. 2044865 Attorney for Plaintiff Admitted Pro Hac Vice Olinsky Law Group One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: fedct@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA TAMMY LEE LIVENGOOD, Plaintiff, Civil Action No. 3:16-CV-00169-HRH-v-COMMISSIONER OF SOCIAL SECURITY, Defendant.-----------------------------------------------------------CERTIFICATE OF SERVICE I certify that I have electronically moved for EAJA fees with the Clerk of the District Court using the CM/ECF system, which sent notification of such filing to: To: Leisa A. Wolf, Esq. Special Assistant United States Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-3621 Fax: (206) 615-2531 Email: leisa.wolf@ssa.gov May 16, 2017/s/Howard D. Olinsky Howard D. Olinsky, Esq. Case 3:16-cv-00169-HRH Document 21-8 Filed 05/16/17 Page 1 of 1

RESPONSE to Motion (Non-Opposition) re [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Unopposed filed by Nancy A. Berryhill.

1 BRYAN SCHRODER 2 United States Attorney RICHARD L. POMEROY 3 Assistant United States Attorney Federal Bldg & U.S. Courthouse 4 222 W 7th Ave, #9, Rm C-253 Anchorage, AK 99513-7676 5 Telephone: (907) 271-5071 Fax: (907) 271-2344 6 richard.pomeroy@usdoj.gov 7 LEISA A. WOLF Special Assistant United States Attorney 8 Office of the General Counsel Social Security Administration 9 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 10 Telephone: (206) 615-3621 Fax: (206) 615-2531 11 leisa.wolf@ssa.gov 12 Of Attorneys for Defendant 13 IN THE UNITED STATES DISTRICT COURT FOR THE 14 DISTRICT OF ALASKA 15 TAMMY LEE LIVENGOOD, Case No. 3:16-cv-00169-HRH 16 Plaintiff, 17 vs. DEFENDANT’S RESPONSE TO 18 PLAINTIFF’S MOTION FOR ATTORNEY NANCY A. BERRYHILL, FEES 19 Acting Commissioner of Social Security, 20 Defendant. 21 Defendant, the Commissioner of Social Security, files this response to Plaintiff’s request 22 for an award of attorney’s fees pursuant to 28 U.S.C. § 2412 as set forth in Plaintiff’s Motion 23 (Docket #20). The Commissioner has given substantive consideration to the merits of Plaintiff’s 24 Page 1 DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR ATTORNEY FEES-[3:16-cv-00169-HRH] Case 3:16-cv-00169-HRH Document 22 Filed 05/17/17 Page 1 of 3 1 request and found no basis to object. Therefore, Defendant has no objection to this request and 2 will defer to the Court’s assessment of the matter. 3 DATED this 17th day of May 2017. 4 Respectfully submitted, 5 BRYAN SCHRODER 6 United States Attorney 7 RICHARD L. POMEROY Assistant United States Attorney 8 MATHEW W. PILE 9 Acting Regional Chief Counsel, Seattle, Region X 10 s/Leisa A. Wolf LEISA A. WOLF 11 Special Assistant United States Attorney Office of the General Counsel 12 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 13 Seattle, WA 98104-7075 Telephone: (206) 615-3621 14 Fax: (206) 615-2531 leisa.wolf@ssa.gov 15 16 17 18 19 20 21 22 23 24 Page 2 DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR ATTORNEY FEES-[3:16-cv-00169-HRH] Case 3:16-cv-00169-HRH Document 22 Filed 05/17/17 Page 2 of 3 1 2 CERTIFICATE OF SERVICE 3 I hereby certify that the foregoing Defendant’s Response to Plaintiff’s Motion for 4 Attorney Fees was filed with the Clerk of the Court on May 17, 2017, using the CM/ECF system, 5 which will send notification of such filing to the following: Howard Olinsky. 6 s/Leisa A. Wolf 7 LEISA A. WOLF Special Assistant U.S. Attorney 8 Office of the General Counsel 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 3 DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR ATTORNEY FEES-[3:16-cv-00169-HRH] Case 3:16-cv-00169-HRH Document 22 Filed 05/17/17 Page 3 of 3

ORDER granting [20] Motion for Attorney Fees. Attorney fees, expenses, and costs in the total amount of $5,936.67 are awarded to the plaintiff. Signed by Judge H. Russel Holland on 5/18/17.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA TAMMY LEE LIVENGOOD,)) Plaintiff,) vs.)) NANCY A. BERRYHILL, Acting) Commissioner of Social Security,)) No. 3:16-cv-0169-HRH Defendant.) _______________________________________) ORDER Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 Plaintiff, Tammy Lee Livengood, moves for an award of attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).1 Based on the pleadings as well as well as defendant commissioner’s non-opposition,2 and recognizing the plaintiff’s waiver of direct payment and assignment of EAJA to her counsel, IT IS HEREBY ORDERED that attorney fees, expenses, and costs in the total amount of Five Thousand, Nine Hundred Thirty-Six Dollars and Sixty-Seven Cents ($5,936.67), pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), are awarded to plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). The court hereby awards EAJA fees, broken down as follows: 1 Docket No. 20. 2 Docket No. 22. Order – Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412-1-Case 3:16-cv-00169-HRH Document 23 Filed 05/18/17 Page 1 of 2 1. Plaintiff is awarded $5,916.75 for paralegal and attorney fees under 28 U.S.C. § 2412(d); 2. Plaintiff is awarded $19.92 in expenses for certified mail for service of summons and complaint. If the U.S. Department of the Treasury determines that plaintiff’s EAJA fees, expenses, and costs are not subject to offset allowed under the Department of the Treasury’s Offset Program (TOPS), then the check for EAJA fees, expenses, and costs shall be made payable to plaintiff’s attorney, Howard D. Olinsky. Whether the check is made payable to plaintiff or to Howard D. Olinsky, the check shall be mailed to Howard D. Olinsky at the following address: 300 South State Street-Suite 420 Syracuse, NY 13202 IT IS SO ORDERED. DATED at Anchorage, Alaska, this 18th day of May, 2017./s/H. Russel Holland United States District Judge Order – Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412-2-Case 3:16-cv-00169-HRH Document 23 Filed 05/18/17 Page 2 of 2

JUDGMENT Signed by Judge H. Russel Holland on 3/24/17. (Additional attachment(s) added on 5/18/2017: # (1) Judgment with attorney fees and costs (redistributed))

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA TAMMY LEE LIVENGOOD, Plaintiff, Case Number 3:16-cv-00169-HRH v. NANCY A. BERRYHILL, Defendant. JUDGMENT IN A CIVIL CASE JURY VERDICT. This action came before the court for a trial by jury. The issues have been tried and the jury has rendered its verdict. XX DECISION BY COURT. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED: THAT the decision of the Commissioner is REVERSED and this matter is REMANDED for further proceedings. APPROVED: s/H. Russel Holland H. Russel Holland United States District Judge Date: March 24, 2017 NOTE: Award of prejudgment interest, costs and attorney's fees are governed Lesley K. Allen by D.Ak. LR 54.1, 54.3, and 58.1. Clerk of Court [Jmt2-Basic-rev. 1-13-16} Case 3:16-cv-00169-HRH Document 17 Filed 03/27/17 Page 1 of 1

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Description
1
08/05/2016
COMPLAINT against Carolyn W. Colvin, filed by Tammy Lee Livengood.
1
Exhibit A
1 Attachment
2
08/05/2016
Civil Cover Sheet
3
08/05/2016
MOTION for Leave to Proceed in forma pauperis by Tammy Lee Livengood.
4
08/05/2016
Unissued summons re Defendant Carolyn W. Colvin
1
Unissued Summons re Defendant US Attorney General
2
Unissued Summons re Defendant US Attorney
2 Attachments
5
08/09/2016
ORDER DIRECTING SERVICE & RESPONSE. Signed by Judge H. Russel Holland on 8/9/16. cc: Finance
08/09/2016
Summons Issued as to Carolyn W. Colvin, U.S. Attorney and U.S. Attorney General (Text entry; no document attached.)
6
09/01/2016
NOTICE of Appearance by Richard L. Pomeroy on behalf of Carolyn W. Colvin
7
09/02/2016
SOCIAL SECURITY SCHEDULING ORDER: agency record due w/i 60 days of def's appearance; plf's opening brf due w/i 30 days after filing of agency record; def's ans brf due w/i 30 days after svc of plf's opening brf; plf's reply brf due w/i 14 days after svc of def's brf. Signed by Judge H. Russel Holland on 9/2/16. Modified on 11/28/2016 to create relationship to document #12
09/02/2016
Docket Annotation: For the purpose of tracking the briefing as ordered at docket 7, when filing the Opening Brief the attorney shall file the document using the event Motion Miscellaneous Relief and text in the relief being sought. Responsive filings should be filed using the event Response in Opposition to Motion or Response to Motion (Non-Opposition). The reply, if any, shall be filed using the event Reply to Response to Motion. (Text entry; no document attached.)
8
09/06/2016
NOTICE of Appearance by Leisa A. Wolf on behalf of Carolyn W. Colvin
9
09/12/2016
SUMMONS Returned Executed by Tammy Lee Livengood. Carolyn W. Colvin served on 8/31/2016, answer due 10/31/2016.
10
10/28/2016
ANSWER to 1 Complaint by Carolyn W. Colvin.
11
10/28/2016
Notice of Lodging Administrative Record
1
001 Certification Page
2
002 Court Transcript Index
3
003 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable
4
004 Payment Documents and Decisions
5
005 Jurisdictional Documents and Notices
6
006 Non Disability Related Development
7
007 Disability Related Development
8
008 Medical Records Part 1
9
009 Medical Records Part 2
10
010 Medical Records Part 3
11
011 Medical Records Part 4
12
012 Medical Records Part 5
12 Attachments
12
11/25/2016
MOTION /Opening Brief (Social Security), 1 Complaint Soc Sec brief of Plaintiff by Tammy Lee Livengood. Modified on 11/28/2016 to remove relationship to 11.
13
12/19/2016
MOTION for Extension of Time to File Response/Reply as to 12 MOTION re 11 Notice of Lodging Administrative Record (Social Security), 1 Complaint Soc Sec brief of Plaintiff by Carolyn W. Colvin.
1
Proposed Order
1 Attachment
14
12/22/2016
ORDER granting 13 Mot for Ext of Time to File Answering Brf re 12 MOTION; answering brf due by 1/10/2017.
15
01/10/2017
RESPONSE in Opposition re 12 MOTION re 11 Notice of Lodging Administrative Record (Social Security), 1 Complaint Soc Sec brief of Plaintiff filed by Carolyn W. Colvin.
02/10/2017
Docket Annotation: Nancy A. Berryhill; Acting Commissioner of Social Security, represented by Leisa A. Wolf & Richard L. Pomeroy substituted for Carolyn W. Colvin (acting Commissioner of Social Security) pursuant to FRCvP 25(d)(1). (Text entry; no document attached.)
16
03/24/2017
ORDER re 12 Opening Brief. Commissioner is reversed and this matter is remanded for further proceedings. Signed by Judge H. Russel Holland on 3/24/17.
17
03/27/2017
JUDGMENT Signed by Judge H. Russel Holland on 3/24/17. (Additional attachment(s) added on 5/18/2017: # (1) Judgment with attorney fees and costs (redistributed))
18
04/20/2017
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Howard D. Olinsky. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2318817.) by Tammy Lee Livengood.
1
Certificate of Good Standing
1 Attachment
19
04/24/2017
ORDER granting [18] Application of Non-Resident Attorney
20
05/16/2017
First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Unopposed by Tammy Lee Livengood.
1
Proposed Order
1 Attachment
21
05/16/2017
DECLARATION of Howard D. Olinsky, Esq. re [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Unopposed by Tammy Lee Livengood.
1
Exhibit A All Professional Time
2
Exhibit B Attorney Time
3
Exhibit C Paralegal Time
4
Exhibit D Expenses
5
Exhibit E Fee Agreement
6
Exhibit F Affirmation and Waiver of Direct Payment of EAJA Fees
7
Memorandum In Support
8
Certificate of Service
8 Attachments
22
05/17/2017
RESPONSE to Motion (Non-Opposition) re [20] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Unopposed filed by Nancy A. Berryhill.
23
05/18/2017
ORDER granting [20] Motion for Attorney Fees. Attorney fees, expenses, and costs in the total amount of $5,936.67 are awarded to the plaintiff. Signed by Judge H. Russel Holland on 5/18/17.
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