Rundle v. Berryhill
Court Docket Sheet

District of Alaska

4:2017-cv-00027 (akd)

COMPLAINT against Nancy A. Berryhill, filed by Kenneth Charles Rundle, III.

Edward A. Wicklund, Esq. 2 N. Y. Bar No. 5027818 Attorney for Plaintiff pending admission pro hac vice 3 Olinsky Law Group 4 300 S. State Street, Suite 420 5 Syracuse, NY 13202 Tel: 315 701 5780 Fax: 315 701 5781 6 twicklund@windisability.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA 10 KENNETH CHARLES RUNDLE, III,) Soc. Sec. # XXX-XX-7716, Plaintiff,) CASE NO. 11 V. 13 14 NANCY A. BERRYHILL, acting 15 Commissioner of Social Security, 16 Defendant. 18 19 COMPLAINT 42 U. S. C. SS 405 (g) and 1383 (c) (3), Social Security Disability Appeal 20 21 Plaintiff, Kenneth Charles Rundle, III, by his attorney, Edward A. Wicklund 22 alleges as follows: 23 24 1. The jurisdiction of this Court is invoked pursuant to 42 U. S. C. S 25 405 (g) to review a decision of the Commissioner of Social Security denying 26 28 Case 4: 17-cv-00027-HRH Document 1 Filed 10/12/17 Page 1 of 3 1 Plaintiff's application for Social Security Disability Insurance benefits for lack of disability. 2. This action is an appeal from a final administrative decision denying Plaintiffs claim. 3. This action is commenced within the appropriate time period set forth 8 in the attached I Appeals Council Notice dated August 28, 2017. (Exhibit A. 4. Plaintiff, whose social security number is XXX-XX-7716, resides in 10 11 North Pole, Alaska, which is within this judicial district. 12 5. The Defendant, Nancy A. Berryhill, is the acting Commissioner of 13 14 Social Security 9 of the United States of America. 15 6. Plaintiff is disabled. 16 7. The agency committed error of law by denying Appeals Council 17 18 review of the decision by the Administrative Law Judge, or otherwise to deny 19 relief that was within the authority of the Appeals Council 20 21 8. The conclusions and findings of fact of the Defendant are not 22 supported by substantial evidence and are contrary to law and regulation. 24 WHEREFORE, Plaintiff prays that this Court: 25 1. Find that the Plaintiff is entitled to Social Security Disability 26 I Insurance benefits under the provisions of the Social Security Act; or 27 28 2. Remand the case for a further hearing; Case 4: 17-cv-00027-HRH Document 1 Filed 10/12/17 Page 2 of 3 3. Award attorney's fees under the Equal Access to Justice Act, 28 U. S. C. $ 2412, on the grounds that the Commissioner's action in this case was not 4 substantially justified, and 4. Order such other and further relief as the Court deems just and proper. 7 Dated this 12th day of October, 2017. 10 12 BY: Is/Edward A. Wicklund Edward A. Wicklund, Esq. N. Y. Bar No. 5027818 Attorney for Plaintiff, pending admission pro hac vice Olinsky Law Group 300 S. State Street, Suite 420 Syracuse, NY 13202 t: (315) 701-5780 f: (315) 701-5781 e: twicklund@windisability.com 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 Case 4: 17-cv-00027-HRH Document 1 Filed 10/12/17 Page 3 of 3

Exhibit A

EXHIBIT A \ x SEQ SOCIAL SECURITY ADMINISTRATION USA 949, ¢ ` Refer to: TLC Ofuce of Disability Adjudioation "VI51~v~P-7716 and Review 5107 Leesburg Pike Falls Church, VA 22041-3255 Telephone: (877) 6702722 Date: August 28, 2017 NOTICE OF APPEALS COUNCIL ACTION W ~ U f/W m Mr. Kenneth Charles Rundle III ff SEP 0 5 2017 UET©`L3U UE1 This is about your request for review of the Administrative Law Judge's decision dated March 30, 2016. You did not file your request for review on time, but we find that there was a good reason for the delay. You submitted reasons that you disagree with the decision. We considered the reasons and exhibited them on the enclosed Order of the Appeals Council. We found that the reasons do not provide a basis for changing the Administrative Law Judge's decision. We Have Denied Your Request for Review We found no reason under our rules to review the Administrative Law Judge's decision. Theretbre, we have denied your request for review. This means that the Administrative Law Judge's decision is the final decision ofthe Commissioner of Social Security in your case. With your request for review, you alleged that the Administrative Law Judge was biased and looked at your case incorrectly. Under our rules explained below, we considered your allegations solely as they relate to your case for abuse of discretion. After reviewing the entire record, including the hearing recording, We determined that the Administrative Law Judge did not abuse his or her discretion and none of the other reasons in our rules existed to review your case. We have completed our action 011 your request for review. Rules We Applied We applied the laws, regulations and rulings in effect as ofthe date we took this action. 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 Suspect Social Security Fraud? Please visit http://oig.ssu.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-027] (TTY l-866-501-2101). See1-1 Case 4:17-cv-00027-HRH Document Next Filed Page 10/12/17 Page 2 of 6 Kenneth Charles Rundle III (7716) Page 2 oI`4 • There is an error of law. • The decision is not supported by substantial evidence. • There is a broad policy or procedural issue that may allect the public interest. • We receive additional evidence that 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 probability that the additional evidence would change the outcome of the decision. You must show good cause for Why you missed intbnning us about or submitting it earlier. Additional Evidence You submitted Letters from Jeanne Wilcox and James Wilcox. dated November I 1, 201 5 (4 pages). We find this evidence does not show a reasonable probability that it vtould change the outcome ofthe decision. We did not consider and exhibit this evidence. You submitted Medical Evidence from David Zetterman. M.D., and Allred R. Lanser. M.D.. dated April 15, 2016, through June 27, 2016 (2 pages). The Administrative Law Judge decided your case through March 30, 2016. This additional evidence does not relate lo the period at issue. Therefore, it does not affect the decision about whether you were disabled beginning on or before March 30, 2016. lfyou want us lo consider whether you were disabled alter March 30. 2016_ you need to applv again. If you Iile a new claim for disability insurance bene Els within 6 months alter you receive this letter, we can use June 6, 2016, the date of your request for review, as the date of your new claim. The date you file a new claim can make a diflerence iu the amount of benefits we can pay. You have the right to file a new application at any time, but filing a new application is not the same as tiling a civil action. Ifyou disagree with our action and file a new application instead of tiling a civil action, you might lose some henelits or not quality lor any benefits. So, if you disagree with our action, you should file a civil action within 60 days as dcsciibed below. If You Disagree With Our Action If you disagree with our action, you may ask for court review ofthe Administrative Law Judge's decision by Iiling 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 Civil Action You may file a civil action (ask for court review) by filing a complaint in the United States See Next Page Case 4:17-cv-00027-HRH Document 1-1 Filed 10/12/17 Page 3 of 6 Kenneth Charles Rundle III-7716) Page 3 of4 District Court for the judicial district in which you live. The complaint should name the Commissioner of Social Security as the defendant and should include the Social Security number(s) shown at the top ofthis letter. You or your representative must deliver copies of your complaint and of the summons issued by the court to the U.S. Attomey tor the judicial district where you tile your complaint, as provided in rule 4(i) ofthe Federal Rules of Civil Procedure. You or your representative must also send copies ofthe complaint and summons, by certified or registered mail, to the Social Security Administration's Ofiice 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 ofthese offices are published in the Federal Register (70 FR 73320, December 9, 2005), and are available on line at the Social Security Administration's Intemet site, http://policv.ssa.gov!poms.nsl7linl<sf0203 1 06020. You or your representative must also send copies of the complaint and summons, by certified or registered mail, to the Attorney General ofthe United States, Washington, DC 20530. Time To File a Civil Action • You have 60 days to Iile a civil action (ask for cour1 review). • The 60 days start the day after you receive this letter. We assume you received this letter 5 days alter the date on it unless you show us that you did not receive it within the 5-day period. ¢ If you cannot tile for count review within 60 days, you may ask the Appeals Council to extend your time to tile. You must have a good reason tor Waiting more than 60 days to ask for court review. You must make the request in Writing and give your reaso11(s) in the request. You must mail your request for more time to the Appeals Council at the address shown at the lop ofthis notice. Please put the Social Security number(s) also shown at the top ofthis notice on your request. We will send you a letter telling you whether your request for more time has been granted. About The Law The right to court review for claims under Title II (Social Security) is provided for in Section 205(g) ofthe Social Security Act. This section is also Section 405(g) of`Title 42 ofthe United States Code. The right to court review for claims under Title XVI (Supplemental Security Income) is provided for in Section 163 1(c)(3) ofthe Social Security Act. This section is also Section 1383(c) of Title 42 ofthe United States Code. See Nem Case 4:17-cv-00027-HRH Document 1-1 Page Filed 10/12/17 Page 4 of 6 Kenneth Charles Rundle III 7716) Page 4 ol`4 The rules on filing civil actions are Rules 4(c)and (i) in the Federal Rules of Civil Procedure. If You Ilave Any Questions If you have any questions, you may call, write, or visit any Social Security oliice. If you do call or visit an ofllce, please have this notice with you. The telephone number of the local office that serves your area is (800)478-0391. Its address is: Social Security 101 12th Ave Room 138 Fairbanks, AK 99701-6276/s/ZMQ 7//7/'W Travis M Nagy Appeals Officer Enclosure: Order of Appeals Council cc: Howard Olinsky 300 South State Street Suite 420 Syracuse, NY 13202 Case 4:17-cv-00027-HRH Document 1-1 Filed 10/12/17 Page 5 of 6 Social Security Administration OFFICE OF DISABILITY ADJUDICATION AND REVIEW ORDER OF APPEALS COUNCIL IN THE CASE OF CLAIM FOR Period of Disability Kenneth Charles Rundle III Disallity Insurance Benefits (Claimant)-77] 6 (Wage Earner) (Social Security Number) The Appeals Council has received additional evidence which it is making pan ofthe record. That evidence consists ofthe tbllowing exhibits: Exhibit B 1 4E Representative Briei dated September 30, 2016 (7 pages) Exhibit Bl2B Request for Review of Hearing Decision/Order (HA 520), dated June 6, 2016 (3 pages) Date: August 28, 2017 Case 4:17-cv-00027-HRH Document 1-1 Filed 10/12/17 Page 6 of 6

MOTION for Leave to Proceed in forma pauperis by Kenneth Charles Rundle, III.

AO 240 (Rev 07/10) Application to Proceed in District Court without Prepaying Fees or Costs (Short Form) UNITED STATES DISTRICT COURT for the District of Alaska KENNETH CHARLES RUNDLE Plaintiff Petitioner) Civil Action No NANCY A. BERRYHILL, ACTING COMM' R OF SSA) Defendant Respondent APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Short Form) I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. In support of this application, I answer the following questions under penalty of perjury: 1. If incarcerated. I am being held at. If employed there, or have an account in the institution, have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six-Imonths. 2. If not incarcerated. If I am employed, my employer s name and address are: N C1 My gross pay or wages are: $ and my take-home pay or wages are: $ per (specify pay period) 3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply): No (a) Business, profession, or other self-employment (b) Rent payments, interest, or dividends (c) Pension, annuity, or life insurance payments (d) Disability, or worker's compensation payments (e) Gifts, or inheritances () Any other sources 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes Yes No No No O No If you answered " Yes " to any question above describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future. Alaska Permanent funds lo4 2 month P) FOU O SALps in 1 1 00 IMurth housing NSS STUALC 4 152 Case 4: 17-cv-00027-HRH Document 3 Filed 10/12/17 Page 1 of 2 AO 240 (Rev 070 Application to proceed in District Court without Prepaying Fees or Costs (Short Form) 4. Amount of money that I have in cash or in a checking or savings account: $ AVE) 5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that Iown, including any item of value held in someone else's name (describe the property and its approximate value) " a 0 0 3 FO " a EUpea it on a CD (paid ott) 6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthly expense): Phone a enter insurance II J HOLLANOI a SE OI YAn I700 (AY INS UAH 1 6 C S 4 LO 0 0 0 to 140 NECCSS ties thl AO 7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support: O O/LAR _ 12 y-O I CALL, he 1-0 CLAYNtt V-COO L (N A U O Y OC's SCOX O SOVN I COD 8. Any debts or financial obligations (describe the amounts owed and to whom they are payable): Y y LUE P CUNY WHAT UNU CAN UNWhen we C On Cano attOCA ACOff fing, feE Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims. Date: 10 \ A 20n aim sound im. Applicant signature KENNETH CHARLES RUNDLE Printed name Case 4: 17-cv-00027-HRH Document 3 Filed 10/12/17 Page 2 of 2

Unissued summons re Defendant Nancy A. Berryhill

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Alaska KENNETH CHARLES RUNDLE, III 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) Nancy A. Berryhill Commissioner of SSA Office of Regional Chief Counsel, Region X 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 D 4: 17-cv-00027-HRH Document 4 Filed 10/12/17 Page 1 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, who is o I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) Or 0 I returned the summons unexecuted because Or o Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: Case 4: 17-cv-00027-HRH Document 4 Filed 10/12/17 Page 2 of 2

Unissued Summons re Defendant U.S. Attorney General

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Alaska KENNETH CHARLES RUNDLE, III Plaintiff(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) 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 Date: Signature of Clerk or Deputy Clerk Case 4: 17-cv-00027-HRH Document t4-1 Filed 10/12/17 Page 1 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) 0 I personally served the summons on the individual at (place) on (date) Or o I left the summons at the individual's residence or usual place of abode with (name), a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or O I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or O I returned the summons unexecuted because Or 0 Other (specify). ſy 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: Case 4: 17-cv-00027-HRH Document 4-1 Filed 10/12/17 Page 2 of 2

Unissued Summons re Defendant U.S. Attorney's Office

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Alaska KENNETH CHARLES RUNDLE, I 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) Civil Process Clerk United States Attorney s Office 222 W. 7th St, Rm. 253, # 9 Anchorage, AK 99513 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 4: 17-cv-00027-HRH Document t4-2 Filed 10/12/17 Page 1 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) ol personally served the summons on the individual at (place) on (date) Or o I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or o I served the summons on (name of individual who is designated by law to accept service of process on behalf of (name of organization) On (date) Or o I returned the summons unexecuted because Or 0 Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 1 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: Case 4: 17-cv-00027-HRH Document t4 2 Filed 10 12/17 Page 2 of 2

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Edward A. Wicklund. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2406721.) by Kenneth Charles Rundle, III.

UNITED STATES DISTRICT COURT DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Case No. 4: 17-cv-00027-HRH Plaintiff(s), VS NANCY A. BERRYHILL, Acting Commissioner of Social Security MOTION AND APPLICATION OF NON-ELIGIBLE ATTORNEY FOR PERMISSION TO APPEAR AND PARTICIPATE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA Defendant(s). To the Honorable Judge of the above-entitled court: I, Edward A. Wicklund hereby apply for permission to appear and (name) participate as counsel for Kenneth Charles Rundle, III 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]: X I am a registered participant in the CMECF System for the District of Alaska and consent to service by electronic means through the court s CM/ECF System. D 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 CMECF System. D For the reasons set forth in the attached memorandum. Case 4: 17-cv-00027-HRH Document 5 Filed 10/13/17 Page 1 of 4 OR I hereby designate, a member of the Bar of this court, ame 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: October 13, 2017 (Signature) Edward A. Wicklund (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 4: 17-cv-00027-HRH Document 5 Filed 10/13/17 Page 2 of 4 DECLARATION OF NON-ELIGIBLE ATTORNEY Full Name: Edward A. Wicklund Business Address: 300 S. South Street, Ste. 420, Syracuse, NY 13202 (Mailing/Street) (City, State, ZIP) Residence: 313 E. Willow Street, Apt. 506 Syracuse, NY 13203 Mailing/Street) (City, State, ZIP) Business Telephone: 315-701-5780 e-mail address: twicklund@windisability.com Other Names/Aliases: N/A Jurisdictions to Which Admitted and year of Admission: See attached sheet (Jurisdiction) (Addres (Year (Jurisdiction) (Address) (Year (Jurisdiction) (Address) (Year) (Jurisdiction) (Address) (Yea Are you the subject of any pending disciplinary proceeding in any jurisdiction to which admitted? Yes No X (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 D No X (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: October 13, 2017 (Signature of Applicant) Case 4: 17-cv-00027-HRH Document 5 Filed 10/13/17 Page 3 of 4 Attachment to Pro Hac Vice Application for Edward A. Wicklund: Court New York State Court of Appeals for 2nd Circuit Court of Appeals for 9th Circuit U. S. D. C., NDNY U. S. D. C., NDOH U. S. D. C., EDMI Date of Admission In Good Standing? 02/23/2012 YES 01/08 2015 YES 04/28/2017 YES 07/29/2013 YES 08/05/2016 YES 02/24/2017 YES Case 4: 17-cv-00027-HRH Document 5 Filed 10/13/17 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 EDWARD A. WICKLUND, Bar # 518285, was duly admitted to practice in this Court on July 29, 2013, and is in good standing as a member of the Bar of this Court. Dated at Syracuse, New York on October 4, 2017 (Location) (Date) Lawrence K. Baerman CLERK DEPUTY CLERK Case 4:17-cv-00027-HRH Document 5-1 Filed 10/13/17 Page 1 of 1

ORDER granting {{5}} Motion for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney re Edward A. Wicklund. Modified on 10/16/2017 to correct attorney name

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA NANCY A. BERRYHILL, Acting KENNETH CHARLES RUNDLE, III v. Commissioner of Social Security JUDGE H. RUSSEL HOLLAND CASE NO. 4:17-cv-0027-HRH PROCEEDINGS: ORDER FROM CHAMBERS The court has reviewed the motion and application1 of non-resident attorney Edward A. Wicklund for permission to appear and participate in this case as counsel for plaintiff Kenneth Charles Rundle, III, without the association of local counsel. The motion is granted. 1 Docket No. 5. Order from Chambers – Application of Non-Resident Attorney-1-Case 4:17-cv-00027-HRH Document 6 Filed 10/16/17 Page 1 of 1

ORDER DIRECTING SERVICE AND RESPONSE: The Application to Waive Filing Fee, at docket {{3}}, is GRANTED. Service of Process to be completed within 90 days of the date the Complaint was filed. Signed by Judge H. Russel Holland on 10/16/17.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. Case No. 4:17-cv-00027-HRH ORDER DIRECTING SERVICE AND RESPONSE Kenneth Charles Rundle, III, through counsel, has filed a Social Security Complaint seeking judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g), and an Application to Waive the Filing Fee under 28 U.S.C. § 1915, showing that he is currently unable to pay the filing fee in this case.1 Therefore, IT IS HEREBY ORDERED: 1. Kenneth Charles Rundle, III's Application to Waive the Filing Fee, at Docket 3, is GRANTED. 2. Counsel for shall insure that Service of Process is completed within 90 days of the date the Complaint was filed.2 1 Dockets 1, 3. 2 See Fed.R.Civ.P. 4(m). Case 4:17-cv-00027-HRH Document 7 Filed 10/16/17 Page 1 of 2 3. The Clerk of Court shall issue summonses for the Defendant, and send the summonses to counsel for Kenneth Charles Rundle, III, with this Order. 4. Counsel for Kenneth Charles Rundle, III, shall serve a copy of the Complaint, Summons and this Order, in compliance with 4(i) of the Federal Rules of Civil Procedure, on the Regional Chief Counsel, Office of the General Counsel, Region X, 701 Fifth Avenue, Suite 2900 M/S 901, Seattle Washington 98104-7075; the United States Attorney for the District of Alaska, 222 West 7th Ave., Mail Box 9, Anchorage, Alaska 99513; and the Attorney General of the United States, Main Justice Building, 10th & Constitution Ave. NW, Washington, D.C. 20530. 5. Defendant, through the United States Attorney for the District of Alaska, shall have sixty (60) days after receipt of the Complaint, Summons and this Order, to file an Answer or otherwise respond.3. DATED at Anchorage, Alaska this 16th day of October, 2017. s/H. Russel Holland United States District Judge 3 See Fed.R.Civ.P. 12(a)(3). Order Directing Service and Response Page 2 of 2 Case 4:17-cv-00027-HRH Document 7 Filed 10/16/17 Page 2 of 2

SUMMONS Returned Executed by Kenneth Charles Rundle, III. Nancy A. Berryhill served on 11/7/2017, answer due 1/8/2018.

Date: November 9, 2017 Moira Deutch: The following is in response to your November 9, 2017 request for delivery information on your Certified Mail™/RRE item number 9314869904300040256225. The delivery record shows that this item was delivered on November 7, 2017 at 11:08 am in ANCHORAGE, AK 99501. There is no delivery signature on file for this item. Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Case 4:17-cv-00027-HRH Document 8 Filed 11/14/17 Page 2 of 6 Date: November 10, 2017 Moira Deutch: The following is in response to your November 10, 2017 request for delivery information on your Certified Mail™/RRE item number 9314869904300040256492. The delivery record shows that this item was delivered on November 6, 2017 at 1:41 pm 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 representative. Sincerely, United States Postal Service Case 4:17-cv-00027-HRH Document 8 Filed 11/14/17 Page 4 of 6 Date: November 10, 2017 Moira Deutch: The following is in response to your November 10, 2017 request for delivery information on your Certified Mail™/RRE item number 9314869904300040256652. The delivery record shows that this item was delivered on November 7, 2017 at 5:31 am 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 representative. Sincerely, United States Postal Service Case 4:17-cv-00027-HRH Document 8 Filed 11/14/17 Page 6 of 6

NOTICE of Appearance by Leisa A. Wolf on behalf of 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 KENNETH CHARLES RUNDLE, III, Case No. 4:17-cv-00027-HRH 16 Plaintiff, 17 DEFENDANT'S NOTICE vs. OF APPEARANCE 18 NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. PLEASE TAKE NOTICE that the Defendant in the above-entitled action, without waiving 21 any objection to, inter alia, service, venue, or jurisdiction, hereby gives Notice that the 22 Commissioner of Social Security will be represented by and through the attorney of record listed 23 below. 24 Page 1 DEFENDANT'S NOTICE OF APPEARANCE - [4:17-cv-00027-HRH] 1 LEISA A. WOLF 2 Special Assistant United States Attorney Office of the General Counsel 3 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 4 Seattle, WA 98104-7075 Telephone: (206) 615-3621 5 Fax: (206) 615-2531 leisa.wolf@ssa.gov 6 You are advised that service of all further pleadings, notices, documents or other papers 7 herein, not filed electronically, may be made upon Defendant by serving the above-named 8 attorney at this address. 9 DATED this 4th day of January 2018. 10 Respectfully submitted, 11 Bryan Schroder 12 United States Attorney 13 RICHARD L. POMEROY Assistant United States Attorney 14 MATHEW W. PILE 15 Acting Regional Chief Counsel, Seattle, Region X 16 s/Leisa A. Wolf LEISA A. WOLF 17 Special Assistant United States Attorney Office of the General Counsel 18 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 19 Seattle, WA 98104-7075 Telephone: (206) 615-3621 20 Fax: (206) 615-2531 leisa.wolf@ssa.gov 21 22 23 24 Page 2 DEFENDANT'S NOTICE OF APPEARANCE - [4:17-cv-00027-HRH] 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Defendant's Notice of Appearance was filed with the 3 Clerk of the Court on January 4, 2018, using the CM/ECF system, which will send notification of 4 such filing to the following: Edward A. Wicklund. 5 6 s/Laurie Cange LAURIE CANGE 7 Paralegal Specialist Intern Office of the General Counsel 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 3 DEFENDANT'S NOTICE OF APPEARANCE - [4:17-cv-00027-HRH]

MOTION for Extension of Time to File Answer re {{1}} Complaint Unopposed 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 KENNETH C. RUNDLE, III, Case No. 4:17-cv-00027-HRH 16 Plaintiff, 17 MOTION FOR EXTENSION vs. OF TIME TO FILE A RESPONSE 18 NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. Defendant hereby moves that the Responsive Pleading Date be amended as follows for the 21 reasons noted in the Declaration of Leisa A. Wolf: 22 23 Defendant shall file a Response to Plaintiff's Complaint on or before February 7, 2018. 24 DATED this 4th day of January 2018. Page 1 MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE - [4:17-cv-00027-HRH] 1 Respectfully submitted, 2 BRYAN SCHRODER 3 United States Attorney 4 RICHARD L. POMEROY Assistant United States Attorney 5 MATHEW W. PILE 6 Acting Regional Chief Counsel, Seattle, Region X 7 s/Leisa A. Wolf LEISA A. WOLF 8 Special Assistant United States Attorney Office of the General Counsel 9 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 10 Seattle, WA 98104-7075 Telephone: (206) 615-3621 11 Fax: (206) 615-2531 leisa.wolf@ssa.gov 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 2 MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE - [4:17-cv-00027-HRH] 1 2 CERTIFICATE OF SERVICE 3 I hereby certify that the foregoing Motion for Extension of Time to File a Response and 4 attached proposed Order were filed with the Clerk of the Court on January 4, 2018, using the 5 CM/ECF system, which will send notification of such filing to the following: Edward Wicklund. 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 MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE - [4:17-cv-00027-HRH]

Proposed Order

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE 8 DISTRICT OF ALASKA 9 KENNETH C. RUNDLE, III, Civil No. 4:17-cv-00027-HRH 10 Plaintiff, 11 vs. ORDER FOR EXTENSION OF TIME TO FILE A RESPONSE 12 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 13 Defendant. 14 Based on Defendant's Motion, it is hereby ORDERED that the Responsive Pleading Date 15 shall be amended as follows: 16 Defendant shall have up to and including February 7, 2018, to file a Response to Plaintiff's 17 Complaint. 18 19 DATED this _____ day of, 2018. 20 21 ___________________________________ UNITED STATES DISTRICT JUDGE 22 23 24 Page 1 ORDER - [4:17-cv-00027-HRH] 1 Presented by: 2 s/ Leisa A. Wolf 3 LEISA A. WOLF Special Assistant U.S. Attorney 4 Office of the General Counsel Social Security Administration 5 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 6 Telephone: (206) 615-3621 Fax: (206) 615-2531 7 leisa.wolf@ssa.gov 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 2 ORDER - [4:17-cv-00027-HRH]

DECLARATION of Leisa A. Wolf re {{10}} MOTION for Extension of Time to File Answer re {{1}} Complaint Unopposed 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 richard.pomeroy@usdoj.gov 6 LEISA A. WOLF 7 Special Assistant U.S. Attorney Office of the General Counsel 8 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 9 Seattle, WA 98104-7075 Telephone: (206) 615-3621 10 Fax: (206) 615-2531 leisa.wolf@ssa.gov 11 Of Attorneys for Defendant 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE DISTRICT OF ALASKA 14 15 KENNETH C. RUNDLE, III, Case No. 4:17-cv-00027-HRH 16 Plaintiff 17 vs. DECLARATION OF LEISA A. WOLF 18 NANCY A. BERRYHILL, Acting Commissioner of Social Security 19 Defendant 20 I, Leisa A. Wolf, declare as follows: 21 1. I am an Assistant Regional Counsel with the Social Security Administration, Office of 22 the Regional Counsel, in Seattle, Washington. 23 24 Page 1 DECLARATION OF LEISA A. WOLF – [4:17-cv-00027-HRH] 1 2. Defendant's Answer is due to be filed by January 8, 2018. In accordance with 42 U.S.C. 2 § 405(g), the Commissioner files as part of the Answer a certified copy of the transcript 3 of the record, including the evidence upon which the findings and decisions complained 4 of are based. The United States Attorney's Office has not yet received the transcript of 5 the record from the Social Security Appeals Council. We have followed-up with the 6 Appeals Council but need to wait for the transcript to make sure that the record provided 7 to the Court and to Complainant is complete and accurate. 8 3. For these reasons, I am requesting an extension to February 7, 2018, to file Defendant's 9 Answer. 10 4. Plaintiff's attorney's office has been contacted and has no objection to this extension 11 request. 12 Executed this 4th day of January 2018. 13 By: s/ Leisa A. Wolf 14 LEISA A. WOLF Special Assistant U.S. Attorney 15 16 17 18 19 20 21 22 23 24 Page 2 DECLARATION OF LEISA A. WOLF – [4:17-cv-00027-HRH] 1 2 CERTIFICATE OF SERVICE 3 I hereby certify that the foregoing Declaration of Leisa A. Wolf was filed with the Clerk 4 of the Court on January 4, 2018, using the CM/ECF system which will send notification of such 5 filing to the following: Edward Wicklund. 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 DECLARATION OF LEISA A. WOLF – [4:17-cv-00027-HRH]

ORDER: granting {{10}} Motion for Extension of Time to Answer. Nancy A. Berryhill answer due 2/7/2018.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA NANCY A. BERRYHILL, Acting KENNETH CHARLES RUNDLE, III v. Commissioner of Social Security JUDGE H. RUSSEL HOLLAND CASE NO. 4:17-cv-0027-HRH PROCEEDINGS: ORDER FROM CHAMBERS Defendant's Motion for Extension of Time to File a Response (unopposed),1 filed January 4, 2018, is granted, to and including February 7, 2018. 1 Docket No. 10. Order from Chambers – Extension of Time -1-

ANSWER to {{1}} Complaint 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 KENNETH CHARLES RUNDLE, III, Case No. 4:17-cv-00027-HRH 16 Plaintiff, 17 vs. DEFENDANT'S ANSWER 18 NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. 21 Defendant, through counsel, hereby files the following Answer to Plaintiff's Complaint. 22 1. Defendant admits the allegations in paragraphs 1, 2, and 3 of the Complaint. 23 24 Page 1 DEFENDANT'S ANSWER- [4:17-cv-00027-HRH] 1 2. With respect to the allegations contained in paragraph 4, Defendant neither admits 2 or denies that those are the last four digits of Plaintiff's Social Security Number. Defendant lacks 3 sufficient information to form a belief as to Plaintiff's residence and, therefore, denies same. 4 3. With respect to the allegations in paragraph 5, Nancy A. Berryhill is now the 5 Acting Commissioner of Social Security. 6 4. The allegations in paragraphs 6 through 8 constitute legal conclusions to which no 7 response is required. To the extent that a response is required, Defendant denies the allegations. 8 5. The remainder of the Complaint constitutes a Prayer for Relief to which no 9 response is required. To the extent that a response is required, Defendant denies that Plaintiff is 10 entitled to judgment or any sort of relief, including attorney's fees. 11 6. Defendant denies any allegation not specifically admitted. 12 7. In accordance with section 42 U.S.C. §§ 405(g) & 1383(c)(3), Defendant files as 13 part of the answer a certified copy of the transcript of the record including the evidence upon 14 which the findings and decisions complained of are based. 15 WHEREFORE, Defendant prays for judgment dismissing the Complaint, with costs and 16 disbursements, and for judgment, in accordance with 42 U.S.C. §§ 405(g) & 1383(c)(3), affirming 17 the final decision of the Acting Commissioner of Social Security. 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 Page 2 DEFENDANT'S ANSWER- [4:17-cv-00027-HRH] 1 DATED this 29th day of January 2018. 2 Respectfully submitted, 3 BRYAN SCHRODER 4 United States Attorney 5 RICHARD L. POMEROY Assistant United States Attorney 6 MATHEW W. PILE 7 Acting Regional Chief Counsel, Seattle, Region X 8 s/Leisa A. Wolf LEISA A. WOLF 9 Special Assistant United States Attorney Office of the General Counsel 10 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 11 Seattle, WA 98104-7075 Telephone: (206) 615-3621 12 Fax: (206) 615-2531 leisa.wolf@ssa.gov 13 14 15 16 CERTIFICATE OF SERVICE 17 I hereby certify that the foregoing Defendant's Answer was filed with the Clerk of the 18 Court on January 29, 2018, using the CM/ECF system, which will send notification of such filing 19 to the following: Edward A. Wicklund. 20 s/Megan Moore 21 MEGAN MOORE Paralegal Specialist 22 Office of the General Counsel 23 24 Page 3 DEFENDANT'S ANSWER- [4:17-cv-00027-HRH]

Notice of Lodging Administrative Record

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 KENNETH CHARLES RUNDLE, III, Case No. 4:17-cv-00027-HRH 16 Plaintiff, 17 vs. NOTICE OF LODGING OF 18 ADMINISTRATIVE RECORD NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. Defendant Nancy A. Berryhill, Acting Commissioner of Social Security, by and through 21 counsel, submits conventionally the following administrative record in the above-entitled and 22 numbered cause of action. 23 24 Page 1 NOTICE OF LODGING OF ADMINISTRATIVE RECORD - [4:17-cv-00027-HRH] 1 DATED this 29th day of January 2018. 2 Respectfully submitted, 3 Bryan Schroder 4 United States Attorney 5 RICHARD L. POMEROY Assistant United States Attorney 6 MATHEW W. PILE 7 Acting Regional Chief Counsel, Seattle, Region X 8 s/Leisa A. Wolf LEISA A. WOLF 9 Special Assistant United States Attorney Office of the General Counsel 10 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 11 Seattle, WA 98104-7075 Telephone: (206) 615-3621 12 Fax: (206) 615-2531 leisa.wolf@ssa.gov 13 14 15 CERTIFICATE OF SERVICE 16 I hereby certify that the foregoing Notice of Lodging of Administrative Record was filed 17 with the Clerk of the Court on January 29, 2018, using the CM/ECF system, which will send 18 notification of such filing to the following: Edward A. Wicklund. 19 s/Megan Moore 20 MEGAN MOORE Paralegal Specialist 21 Office of the General Counsel 22 23 24 Page 2 NOTICE OF LODGING OF ADMINISTRATIVE RECORD - [4:17-cv-00027-HRH]

Certification Page

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA (FAIRBANKS) KENNETH CHARLES RUNDLE III Plaintiff VS. CIVIL ACTION NO. 4: 17 - CV - 00027 NANCY A. BERRYHILL 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 relating to this case. PL. . NANCY CHUNG Date: December 10, 2017 * * * * * * Certified Administrative Records (CAR) are not compatible with Optical Character Recognition (OCR), therefore the Agency cannot provide an OCR searchable CAR. Case 4: 17 - cv - 00027 - HRH DocumNank4 - 1 Filed 01 / 29 / 18 Page 1 of 1

Court Transcript Index

Court Transcript Index Civil Action Number: 4:17-CV-00027 Claimant: Kenneth Charles Rundle III Account Number: 339-80-7716 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 08/28/2017 1-7 7 AC Correspondence (ACCORR), dated 06/27/2016 8-10 3 Statement of Good Cause for Untimely Filing (GDCAUSE), dated 11 1 06/06/2016 Attorney/Representative-Supplied Evidence (REPEVID), dated 12-13 2 04/15/2016 to 06/27/2016, from David Zetterman MD and Alfred R Lanser MD ALJ Hearing Decision (ALJDEC), dated 03/30/2016 14-39 26 3rd Party Correspondence (3PTYLTR), dated 11/11/2015, from 40-43 4 Jeanne Wilcox and James Wilcox Transcript of Oral Hearing (TRANHR), dated 11/12/2015 44-100 57 Transcript of Oral Hearing (TRANHR), dated 04/10/2013 101-139 39 Exhibits Exhibit No. of No. Description Page No. Pages B1A Prior - ALJ Hearing Decision, dated 04/24/2013 140-159 20 B2A Prior - AC Denial, dated 06/11/2014 160-165 6 B3A T2 Initial - Disability Determination Explanation, dated 166-184 19 02/24/2015 B4A T2 Initial - Disability Determination Transmittal, dated 185 1 02/24/2015 B1B Representative Fee Agreement, Law Offices of Ogle, Elrod & 186 1 Baril, PLLC, dated 07/23/2014 B2B Appointment of Representative - Attorney Jason Baril, dated 187 1 07/23/2014 B3B T2 Notice of Disapproved Claim, dated 02/24/2015 188-193 6 B4B Request for Hearing by ALJ, dated 03/03/2015 194-195 2 B5B Request for Hearing Acknowledgement Letter, dated 196-216 21 04/08/2015 B6B Objection to Video Hearing, dated 04/16/2015 217 1 B7B Hearing Notice, dated 09/03/2015 218-243 26 B8B Notice Of Hearing Reminder, dated 10/29/2015 244-249 6 B9B Acknowledge Notice of Hearing, dated 11/09/2015 250 1 B10B Representative Fee Agreement, dated 11/12/2015 251 1 B11B Appointment of Representative, dated 11/12/2015 252 1 B12B Request for Review of Hearing Decision/Order, dated 253-255 3 06/06/2016 B1D Application for Disability Insurance Benefits - Protective Filing 256-257 2 Date 07/31/2014, dated 08/01/2014 DATE: January 10, 2018 The documents and exhibits contained in this administrative record are the best copies obtainable. Court Transcript Index Civil Action Number: 4:17-CV-00027 Claimant: Kenneth Charles Rundle III Account Number: 339-80-7716 Exhibits Exhibit No. of No. Description Page No. Pages B2D Internet: Third-Party Filers Wet Signature Page, dated 258-263 6 08/06/2014 B3D Certified Earnings Records, dated 04/28/2015 264-265 2 B4D Detailed Earnings Query, dated 04/28/2015 266-271 6 B5D Summary Earnings Query, dated 04/28/2015 272 1 B6D New Hire, Quarter Wage, Unemployment Query (NDNH), 273 1 dated 04/28/2015 B1E Affidavit of Indigency, dated 07/03/2014 274 1 B2E Disability Report - Field Office, dated 10/15/2014 275-277 3 B3E Disability Report - Adult, dated 10/15/2014 278-293 16 B4E 3rd Party Function Report - Adult, dated 12/20/2014, from 294-302 9 Jason Ballek, Uncle In-law B5E Activities of Daily Living, dated 12/21/2014 303-311 9 B6E Disability Report - Field Office, dated 03/25/2015 312-313 2 B7E Disability Report - Appeals, dated 03/25/2015 314-322 9 B8E Background Questionnaire Letter, dated 04/28/2015 323-330 8 B9E Letter Of Proposed Exhibits, dated 04/28/2015 331-335 5 B10E Medications, dated 11/12/2015 336 1 B11E Recent Medical Treatment, dated 11/12/2015 337-339 3 B12E Representative Brief, dated 11/27/2015 340-341 2 B13E Resume of Vocational Expert, dated 10/27/2015, from 342 1 Patricia Biscay Ayerza B14E Representative Brief, dated 09/30/2016 343-349 7 B1F Psychiatric Evaluation, dated 01/29/2013 350-353 4 B2F Office Visits, dated 02/14/2012 to 04/26/2013, from 354-373 20 Anchorage Fracture and Ortho B3F Treatment Records, dated 10/11/2012 to 08/12/2013, from 374-444 71 AA Spine & Pain Clinic B4F Progress Notes-, dated 01/12/2013 to 01/28/2014, from Mark 445-459 15 Wade, MD B5F Office Visits, dated 06/10/2014 to 07/30/2014, from Tanana 460-473 14 Valley Clinic B6F Treatment Records, dated 03/11/2013 to 07/30/2014, from 474-481 8 Fairbanks Psychological and Neurological Clinic B7F Treatment Records, dated 07/19/2011 to 08/06/2014, from 482-509 28 Northern Lights Pain Management B8F Office Visits, dated 08/25/2011 to 11/01/2014, from Paul 510-524 15 Jensen, MD B9F Treatment Records, dated 02/07/2014 to 12/03/2014, from 525-551 27 Sports Medicine Fairbanks DATE: January 10, 2018 The documents and exhibits contained in this administrative record are the best copies obtainable. Court Transcript Index Civil Action Number: 4:17-CV-00027 Claimant: Kenneth Charles Rundle III Account Number: 339-80-7716 Exhibits Exhibit No. of No. Description Page No. Pages B10F No Medical Records, dated 12/10/2014, from Fairbanks 552 1 Memorial Hospital B11F Treatment Records, dated 09/06/2011 to 12/14/2014, from 553-644 92 AA Spine and Pain Clinic B12F Treatment Records, dated 09/18/2012 to 12/22/2014, from 645-759 115 Family Medical Center B13F Psycholgoical Consultative Examination Report, dated 760-763 4 02/02/2015, from Nina Wendt, Ph.D. B14F Informational Letter, dated 02/12/2015, from Mikki Barker, 764 1 MD B15F Medical Evaluation/Case Analysis, dated 02/24/2015, from 765-768 4 Douglas C. Smith, MD B16F Representative Correspondence, dated 07/21/2015 769-771 3 B17F Office Treatment Records, dated 01/29/2013 to 06/14/2013, 772-783 12 from Wendell Street Psychiatric B18F Office Treatment Records, dated 07/30/2015, from Ray 784-785 2 Andreassen, DO (Physical MSS) B19F Office Treatment Records, dated 08/03/2015 to 08/19/2015, 786-798 13 from Alaska Sleep Clinic B20F Office Treatment Records, dated 05/08/2015 to 09/28/2015, 799-824 26 from Tanana Urolgy B21F Office Treatment Records, dated 01/29/2013 to 01/28/2014, 825-884 60 from Interior Alaska Otrthopedic & Sports Medicine B22F Office Treatment Records, dated 05/19/2015, from Fairbanks 885-888 4 Hearing and Balance Center B23F Office Treatment Records, dated 05/08/2012 to 10/16/2015, 889-1047 159 from AA Spine and Pain Clinic B24F Inpatient Hospital Records - Spinal Fusion, dated 03/22/2012 1048-1062 15 to 03/26/2012, from Providence Alaska Medical Center B25F Office Treatment Records, Laboratory, and Imaging Reports, 1063-1093 31 dated 07/01/2011 to 04/26/2013, from Anchorage Fracture and Orthopedic Clinic B26F Progress Notes, Psychiatric Evaluation, and Mental Exams, 1094-1121 28 dated 01/29/2013 to 09/28/2015, from Mikki King Barker, D.O. B27F Office Treatment Records and Imaging Reports, dated 1122-1172 51 07/28/2014 to 10/13/2015, from Tanana Valley Clinic B28F Office Treatment Records, dated 05/08/2015 to 11/06/2015, 1173-1225 53 from Tanana Valley Urology B29F Misc Medical Records, dated 11/12/2015, from Claimant 1226-1228 3 B30F Office Treatment Records, dated 08/25/2011 to 12/01/2014, 1229-1243 15 from Spine Care Specialists DATE: January 10, 2018 The documents and exhibits contained in this administrative record are the best copies obtainable. Court Transcript Index Civil Action Number: 4:17-CV-00027 Claimant: Kenneth Charles Rundle III Account Number: 339-80-7716 Exhibits Exhibit No. of No. Description Page No. Pages B31F Medical Report/General - Health Status Report Form, dated 1244-1245 2 09/28/2015, from Mikki K. Barker, MD B32F Office Treatment Records - Encounter Notes; Operative 1246-1292 47 Reports, dated 05/08/2015 to 10/19/2015, from Tanana Valley Urology B33F Hospital Records - Part 2, dated 11/19/2008 to 10/27/2015, 1293-1416 124 from Fairbanks Memorial Hospital B34F Hospital Records - Part 1, dated 11/19/2008 to 10/27/2015, 1417-1540 124 from Fairbanks Memorial Hospital B35F Radiology Report - MRI; X-Rays, dated 04/20/2015 to 1541-1545 5 10/27/2015 B36F Office Treatment Records, dated 05/08/2015 to 10/16/2015, 1546-1655 110 from AA Spine and Pain Clinic DATE: January 10, 2018 The documents and exhibits contained in this administrative record are the best copies obtainable.

Non Disability Related Development

Non Disability Related Development Civil Action Number: 4: 17 - CV - 00027 Claimant: Kenneth Charles Rundle III Account Number: 339 - 80 - 7716 Exhibits Exhibit No. No. of Pages Page No. 256 - 257 BID B2D 258 - 263 Description Application for Disability Insurance Benefits - Protective Filing Date 07 / 31 / 2014, dated 08 / 01 / 2014 Internet: Third - party Filers Wet Signature Page, dated 08 / 06 / 2014 Certified Earnings Records, dated 04 / 28 / 2015 Detailed Earnings Query, dated 04 / 28 / 2015 Summary Earnings Query, dated 04 / 28 / 2015 New Hire, Quarter Wage, Unemployment Query (NDNH), dated 04 / 28 / 2015 ВЗD 264 - 265 266 - 271 272 273 P P O N OD N B4D B5D B6D DATE: January 10, 2018 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 4: 17 - cy - 00027 - HRH. Document 14 - 6 Filed 01 / 29 / 18 Page 1 of 19 EXHIBIT NO. B1D PAG 1 OF 2 October 15, 2014, 11: 51 PAGE 1 SG - SSA - 16 NH 339 – 80 - 7716 - - - — — — — — - — — — —: UNIT: TCE3RD | . . . . . . . | | — — — — KENNETH CHARLES RUNDLE III 1445 22ND AVE АРТ В FAIRBANKS AK 99701 APPLICATION SUMMARY FOR DISABILITY INSURANCE BENEFITS On August 1, 2014, we talked with you and completed your application for SOCIAL SECURITY BENEFITS. We stored this information electronically in our records. We are enclosing a summary of your statements. I APPLY FOR A PERIOD OF DISABILITY AND / OR ALL INSURANCE BENEFITS FOR WHICH I AM ELIGIBLE UNDER TITLE II AND PART A OF TITLE XVIII OF THE SOCIAL SECURITY ACT, AS PRESENTLY AMENDED. MY NAME IS KENNETH CHARLES RUNDLE III. I HAVE USED THE FOLLOWING NAME (S): KENNETH JOHN MORRIS KENNETH CHARLES JOHN MORRIS III KENNETH CHARLES JOHN MORRIS KENNETH C MORRIS KENNETH C MORRIS MY SOCIAL SECURITY NUMBER IS 339 - 80 - 7716. MY DATE OF BIRTH IS November 6, 1973. I AM A CITIZEN OF THE UNITED STATES. I BECAME UNABLE TO WORK BECAUSE OF MY DISABLING CONDITION ON January 1, 2012. I AM STILL DISABLED. NO PREVIOUS APPLICATION HAS BEEN FILED WITH THE SOCIAL SECURITY ADMINISTRATION BY OR FOR ME. I HAVE FILED OR INTEND TO FILE FOR SSI. I AM NOT ENTITLED TO NOR DO I EXPECT TO BECOME ENTITLED TO A PENSION OR ANNUITY BASED IN WHOLE OR IN PART ON WORK AFTER 1956 NOT COVERED BY SOCIAL SECURITY. I AM MARRIED TO STEPHANIE WILCOX. WE WERE MARRIED ON July 17, 2004 IN AK BY A 256 9 EXHIBIT NO. B1D October 15, 20PAGE ? OF 2 PAGE 2 SG - SSA - 16 NH 339 - 80 - 7716 LO CLERGYMAN OR PUBLIC OFFICIAL. MY SPOUSE'S AGE OR BIRTHDATE IS August 5, 1981 AND SOCIAL SECURITY NUMBER IS 574 - 86 – 1325. UM L) I HAD NO PREVIOUS MARRIAGES THAT LASTED 10 YEARS OR MORE OR ENDED IN DEATH. I HAVE THE FOLLOWING CHILD OR CHILDREN UNDER AGE 18; AGE 18 - 19 ATTENDING ELEMENTARY OR SECONDARY SCHOOL FULL TIME; OR AGE 18 OR OVER AND DISABLED BEFORE AGE 22 WHO MAY BE ELIGIBLE FOR SOCIAL SECURITY BENEFITS ON THIS RECORD. THIS INCLUDES CHILDREN WHO MAY OR MAY NOT BE LIVING WITH ME, BENJAMIN RUNDLE MICHELLE RUNDLE LOGAN RUNDLE LILLY RUND LE I DO NOT HAVE A BANK ACCOUNT. REMARKS: I AGREE WITH THE EARNINGS AS SHOWN ON MY SOCIAL SECURITY STATEMENT. PREPARER'S INFORMATION: JASON K BARIL LAW OFFICES OF OGLE ELROD AND BARIL ATTORNEY REPRESENTATIVE 706 WALNUT ST SUITE 800 KNOXVILLE TN 37902 865 - 566 - 0800 EXT, OTHER NAMES USED: KENNETH CHARLES MORRIS III I KNOW THAT ANYONE WHO MAKES OR CAUSES TO BE MADE A FALSE STATEMENT OR REPRESENTATION OF MATERIAL FACT IN AN APPLICATION OR FOR USE IN DETERMINING A RIGHT TO PAYMENT UNDER THE SOCIAL SECURITY ACT COMMITS A CRIME PUNISHABLE UNDER FEDERAL LAW BY FINE, IMPRISONMENT OR BOTH, I AFFIRM THAT ALL INFORMATION I HAVE GIVEN IN CONNECTION WITH THIS CLAIM IS TRUE. MY TELEPHONE NUMBER IS (907) 371 - 0767. 257 9 907 456 0257 P. 002 OCT - 07 - 2014 17: 00 FAIRBANKS SSA 339 - 80 - 7716 EXHIBIT NO. B2D PAGE: 1 OF 6 Page 8 of 14A 080SLIGVCUZIO * NOTAFP. XIPBISANOT. ISB. A1071. PAM U000000 0013610635657662SI829970155175 Internet Application Summary This form summarizes all the information the person who started an Internet application for Social Security benefits on your behalf provided to us. We received your benefits application on July 31, 2014 at 04: 35: 20 PM. Instructions 1. Review all the entries and confirm that the information is correct. Write your initials next to any corrections that you make. 3. Sign and date the Internet Application Summary in the space shown as, " Signature. " NOTE: It is important that you sign the application, not the person who. filled it in for you or anyone else. Mail or bring all pages of the signed Internet Application Summary and any other documents you need to your local Social Security office. If you mail them, please follow the mailing instructions on the last page of this letter. Remember to add your return address and the correct postage to the envelope provided. · 5. If you prefer to give us these documents in person, the office location is shown under " If You Have Questions " at the end of the letter. The following section of text is provided in the language it was submitted. JinavLIV INITIITTIJIITINII TIITTIHITTITTIT TIITTOTITITII * S Application Summary I apply for all insurance benefits for which I am eligible under Title II (Federal Oid - Age, Survivors, and Disability Insurance) and Part A of Title XVIII (Health Insurance for the Aged and Disabled) of the Social Security Act, as presently amended. Identification Applicant Identification Name: Kenneth Charles Rundle III Social Security Admin Social Security Nurnber: * * * _ * * - 7716 Date of Birth: ' November 6, 1973 Gender; Male OCT 07 2014 Blind: No Disabled: Yes Start date of Disability: January 1, 2012 Fairbanks, AK ' Denied Benefits in Last 60 days: No Diagnosed with condition that is expected to end in death: No TOESPRAAETH. - ETEELE: LEXEL - ELE: - = reFraser: 2 - - - - - - - - - - - - - - - - V = = = = . - - - - 258 9 OCT - 07 - 2014 17: 00 FAIRBANKS SSA 907 456 0257 P. 003 Page 9 of 14; EXHIBIT NO. B2D PAGE: 2 OF 6 339 - 80 - 7716 Preparer's Contact Information Name: Jason K Baril Relationship to Applicant: Attorney Representative Organization Name: Law Offices of Ogle Elrod and Baril Address: 706 Walnut St, Suite 800, Knoxville, Tennessee, 37902 Phone: (865) 566 - 0800 Applicant's Contact Information Contact Information Mailing Address: 1445 22nd Ave, Apt B, Fairbanks, Alaska, 99701 Reside at this address: Yes Phone: (907) 371 - 0767 Mobile Best time to call: Anytime between 9 a. m. and 5 p. m. Ability to Communicate in English Speak English: Yes Read English: Yes Write English: Yes OP YLLE - RGREEK - EL - - SALTNES PECEP = SPERJELP ' ERELTF SLIETSOPTEG LLA TUJU ! TRETTAVAT KYY Language Preferences Preferred language for speaking: English Preferred language for reading: English Birth and Citizenship Information 2. R. Place of Birth: regree Park, tirois - OAKLAN FLLIAais CountryClub Ini diedU.S. Citizen: Yes Type of Citizenship: US citizen born inside US Other Social Security Numbers and Names Other Social Security Numbers Any other Social Security Numbers used: No Other Names Any other names used: Yes Other Name 1: Kenneth Charles Morris III General Marriage Information Currently married: Yes Spouse's Name: Stephanie Wilcox Spouse's Social Security Number: 574 - 86 - 1325 Know Spouse's date of birth: Yes Spouse's date of birth: August 5, 1981 Date of Marriage: July 17, 2004 Place of Marriage: North Pole, Alaska Marriage Type: Married by Clergy or Public Official Prior Marriages Any prior marriages: No - - - - - - - - - . . . - . . . - - - - - - - - - - - - - - - - - - - - ST. - L. - - o - - - Sv = IN. SE J. FVEST - CE 2T LE - - IKT. ILLE - 262A = = L 259 9 OCT - 07 - 2014 17: 01 FAIRBANKS SSA 907 456 0257 P. 004 EXHIBIT NO. B2D PAGE: 3 OF 6 Page 10 of 14 339 - 80 - 7716 ERRE - REC. - E - 3 = unat TLAS - - . | - - - BGCE Children Have any children: Yes Any children who became disabled prior to age 22: No Any unmarried children under age 18: Yes Any unmarried children aged 18 to 19 still attending elementary or secondary school (below college level) full time: Yes Child 1: Benjamin Rundle Child 2: Michelle Rundle Child 3: Logan Rundle Child 4: Lilly Rundle More than 10 children: No Military Details Military service prior to 1968: No Employer Details Worked for an employer in 2013: No Worked or will work for an ernployer in 2014: No Self - Employment Details Self - employed in 2013: No Self - employed in 2014: No Supplemental Information worked outside the US: No Spouse worked outside the US: No Agree with earnings history as shown on Social Security statement: Yes Total Earnings Neither working for an employer nor self - employed in 2013 or later, last year worked: 2011 Other Pensions / Annuities Ever work in a job whereU.S. Social Security taxes were not deducted or withheld: No Spouse worked for the Railroad 5 years or more: No Direct Deposit Details Own or co - own a bank account to use for Direct Deposit: No Other Benefits Benefit Information Recent application for Supplemental Security Income submitted to SSA: No Intend to apply for Supplemental Security Income benefits: Yes Any previous application (s) for Medicare, Social Security, or Supplemental Security Income benefits: No Ability To Work Illnesses, injuries, conditions related to work: Yes Now able to work: No * 0 ISLIGYCON22 * NOTAFPX3PBISBNOT. ISBRE4831. PAM 110000 0000106N5667652709849701651745 SCbIFSars - 2. 2AN = " 25ER - - T15 2 *: = LE. . - - . . - -: SKLER: - - - - - - - - - - " - - - - J - - - - - 260 9 OCT - 07 - 2014 17: 01 FAIRBANKS SSA 907 456 0257 P. 005 EXHIBIT NO. B2D Page 11 of 14 PAGE: 4 OF 6 339 - 80 - 7716 Disability Payments Filed or intend to file for workers ' compensation or other public disability benefits: Yes Received money from employer on / after date unable to work: No Expect to receive money from employer in the future: No Dependents Has one parent who receives one - half support: No TAL ILL Remarks Remarks The following are your remarks: We the attorneys of Ogle, Elrod, and Baril are the legal representatives for the specified claimant. We will be completing his application, and we will also be submitting it. The representative will mail a fee agreement, 1696, and 827 to the local field office approximately 20 days from the date of this application. . = - 4. . . . . — - J - - - - - - - - - Et - L - _ r - - - - - - - - - - - - - - - - - - - - - - - - - SEL - S - 5 - - - - PS:: G4 PEL - Firm = TYRE - - TLUSE - LX - - - - - - - - - - = = 273. F. L. L. 224 F. 42 PbS. - - - a - G7 - TF FULGTEL - Sn. - - J = = K - - - - - - E. - - - - 261 9 - - - - OCT - 07 - 2014 17: 01 FAIRBANKS SSA 907 456 0257 P. 006 EXHIBIT NO. B2D PAGE: 5 OF 6 Page 12 of 14 339 - 80 - 7716 | 1 My Responsibilities I agree to notify Social Security promptly if I (or anyone for whom I receive benefits) become employed or self - employed while outside theU.S., change citizenship, or go (for 30 days or more) to any country other than the residence address shown on this application. I agree to return any payments that are not due. I declare under penalty of perjury that I have examined all the information on this application and it is true and correct to the best of my knowledge. Signature: KOKA KWA Date: 8 / ol, lly Witnesses are required only if this application has been signed by mark (x) above. If signed by (x), two witnesses to the signing who know the applicant must sign below, giving their full addresses. ALIGvCRIB * NOTAFP. XI. PBISBNOT. ESB. A140731. PAH 1110000CO POIS10695667862082090165176 * * TIMMTÍMITTITTISINITIHTIMTIMITETITELTII * * * Signature of Witness Signature of Witness Number and Street Address Number and Street Address City, State and ZIP Code City, State and ZIP Code This form should be submitted to the address shown on your notice. Privacy Act Statement The Social Security Administration (SSA) is allowed to collect the facts on this form under Section 205 of the Social Security Act. We need this information to efficiently process your application. Giving us this information is voluntary. However, without them we may not be able to process your application. While the information you furnish on this form would almost never be used for any purpose other than the intended use of this form, such information may be disclosed by SSA as generally permitted under 5U.S. C. sec. 552a (b) of the Privacy Act of 1974, as amended. This includes using the information as necessary for administrativ strative purposes or as authorized by routine uses in the applicable Privacy Act system of records. SSA has access to the information you provide on this application and is authorized to keep even information on applications that were partially completed. This is for purposes of helping you conplete the application process. Explanations about possible reasons why information you provide us may be used or given out are available upon request from any Social Security office. - - - STYFFY 7P - - - - - - - - - - - - - - - - - - - = = - - < - - - - - - - - - - - - - - . . . EL SER = ': - - - - - - - = = - 1 - 262 9 OCT - 07 - 2014 17: 01 FAIRBANKS SSA 907 456 0257 P. 007 EXHIBIT NO. B2D Page 13 of 14 PAGE: 6 OF 6 339 - 80 - 7716 - ET - TEZ - TES Paperwork Reduction Act Statement Paperwork Reduction Act Statement - This information collection meets the requirements of 44U.S. C. sec. 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to review, confirm or sign this application summary unless we display a valid Office of Management and Budget control number; the control number is 0960 - 0618. We estimate that it will take about 20 minutes to read the instructions, review the information mmary, and sign the application. You may send comments on our time estimate above to: SSA, 6401 Security Blvd ., Baltimore, MD 21235 - 6401. Send only comments relating to our time estimate to this address, not the completed forn. EL - SE L - AFTL - KET. S. Dr. AY = T > YGESTE - - E. G: GS = = = = A PLEJ 5. . 7 - - - - - - - .: | - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -: FL. - - - - . - re - - L - - - - - - N. . 263 9 TOTAL P. 007 APR - 28 - 2015 08: 54 REGION X DECISION WRITERS 206 615 2099 P. 004 EXHIBIT NO. B3D PAGE: 1 OF 2 III SN: 339 - 80 - 7716 PG 001 + DO: Y68 UNIT: EZTOOL DERO MOD: 08 NH NAME INPUT RUN DATE CONTROL KENNETH C RUNDLE 04 / 28 / 15 04 / 28 / 15 V: 07 / 15 / 14 339 - 80 - 7716 SETIAP EVENT ICERS EARNINGS RECORD TID CERTIFIED EARNINGS RECORD ALERTS NH HAS 08 DIS EX YOC'S FOR NONCOVERED PENSION PIA PRIOR CLAIM DATA DOES NOT EXIST ON DRAMS POSSIBLE GAPS 1991 POSSIBLE DUPLICATES 1990 2006 POSSIBLE INCOMPLETES 1992 1996 2005 2007 2011 NH HAS 08 YOC'S FOR NONCOVERED PENSION PIA FILING DATE USED BY SYSTEM EQUALS ONSET DATE INFORMTNL DISABILITY EXCLUSION FULLY INSURED STATUS MET DISABLED NH IS FULLY INSURED RIB DISABILITY NON - EXCLUSION FULLY INSURED STATUS MET DISABILITY NON - EXCLUSION 20 / 40 INSURED TEST MET DISABILITY EXCLUSION 20 / 40 INSURED TEST MET PRIOR CLAIM STATUS - . A ID INFO REQ NAME: RUNDLE REQ SEX; M REQ DATE OF BIRTH: 11 / 06 / 1973 DATES DATE OF ONSET: 01 / 01 / 2012 INS STAT DISABILITY: EXCL REQ QC: 17 EXCL HAS: 040 NON - EXCL REQ 0C: 17 NON - EXCL HAS: 040 DIS DLI: 12 / 16 OTHER: FIRST INSURED: 04 / 07 ТОТ gov SSA QC 1937 THRU 1950 QC: 0 WAGE QC AFTER 1946: 78 WAGE OC AFTER 1950: 78 SE QC: NONE AG QC: NONE TOT EARN SSA TOT AFTER 1936: TOT AFTER 1950: 252849. 25 COMPUTATIONAL YEARLY EARNINGS MAX AMT YR QC REGULAR NH INDEXED RAILROAD ROSM DMW SÉ AG 48000 500 89 NNNN 253. 70 526. 01 51300 520 90 cccc 2143. 01 4247. 08 53400 540 91 NNNN 55500 570 92 CNNN 1128. 07 2049. 71 57600 590 93 ҫҫҫҫ 3499. 61 L 6304. 60 60600 620 94 CCCC 3553. 52 6234. 39 100 61200 630 95 CCCC 3049. 93 5144, 66 62700 640 96 CCNIN 1898. 25 3052. 70 65400 670 97 CCCC 6998. 51 10634. 24 68400 700 98 cccc 13078. 49 18884. 39 72600 740 99 cccc 15343. 07 20984. 83 76200 780 00 cccc 22276, 23 H 28870. 81 80400 830 01 CCCC 24532. 21 31053. 81 84900 870 02 CCCC 3717. 35 4658. 84 8700, 890 03 ccCN 3325. 65 4068. 48) 4 8 UN [ LE 13 N) 264 9 APR - 28 - 2015 08: 54 REGION X DECISION WRITERS 206 615 2099 P. 005 EXHIBIT NO. B3D PAGE: 2 OF 2 III ŞN: 339 - 80 - 7716 PG 002 DO: Y68 UNIT: EZTOOL DERO MOD: 08 RUNDLE NH NAME INPUT ΚΕΝΝΕΤΗ 04 / 28 / 15 N O LA + + COMPUTATIONAL YEARLY EARNINGS MAX AMT YR OC REGULAR NH INDEXED RAILROAD ROSM DMW SE AG 87900 900 04 CCCC 10703. 01 12512. 02 90000 920 05 CCCC 6583, 77 7424. 87 94200 970 06 cccc 32192. 86 34710. 24 97500 1000 07 CCCC 7758. 73 8002. 28 102000 1050 08 CCCC 19598. 05 19758, 71 106800 1090 09 cccc 24826. 12 25412. 89 1120 10 CCCC 32426. 56 32426. 56 1120 11 CCCC 13962. 55 13962. 55 110100 1130 12 NNNN 113700 1160 13 NNNN 117000 1200 14 NNNN 118500 1220 15 NNNN COMP DATA DI - COMP TYPE: NS 78 DIS EX AIME: $ 1612. 00 EFF DATE: 06 / 12 PIA: $ 960. 70 PIFC: L FAM MAX: $ 1370. 20 EFF DATE: 12 / 12 PIA: $ 977. 00 PIFC: L FAM MAX: $ 1393. 40 EFF DATE: 12 / 13 PIA: $ 991. 60 PIFC: L FAM MAX; $ 1414. 30 EFF DATE: 12 / 14 PIA: $ 1008. 40 PIFC: L FAM MAX: $ 1438. 30 START BASE YEAR / START DATE: 1951 LAST BASE YEAR / CLOSE DATE: 2011 DIVIDEND: $ 270942. 80 DM: 168 DOY: 3 YoC: I / Y: ELG YR: 2012 TRIAL COMPUTATIONS: NS 78 $ 1008. 40 TFC: L FAM MAX: $ 1376 $ 1612. 00 265 9 TOTAL P. 005 QRY DATE: 04 / 28 / 15 AN: 339 - 80 - 7716 DOC: Y68 UNIT: EDEQY PG: 001 DEQR INPUT: YRS REQ: 1997 - 2015; COVERED DETAILS; SELF - EMPLOYMENT; NON - COVERED DETAILS; EMPLOYER ADDRESS MEF: NA: K C RUNDLE DB: 11 / 1973 SX: M AK: MORRIS EXHIBIT NO. B4D PAGE: 1 OF 6 6 4 5 DETAIL COVERED FICA EARNINGS AND EMPLOYER NAME AND ADDRESS FOR YEARS REQUESTED EIN: 351911619 UNIVERSAL TRADING COMPANY 209 CENTURY CT FRANKLIN TN 37064 - 3915 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0097 AA K C RUNDLE 1569. 38 1569. 38 7043 - 65 - 03404 00598 V WAGE TOTAL 1569. 38 OASDI EMPLOYER TOTAL 1569. 38 EIN: 351970221 CORPORATE STAFFING RESOURCES L L C WILKINSON WILLIAM W MANAGING MEMBER 220 W COLFAX AVE STE 700 SOUTH BEND IN 46601 - 1629 0097 AA K C RUNDLE 2491. 38 2491. 38 7174 - 86 - 45827 01998 V WAGE TOTAL 2491. 38 OASDI EMPLOYER TOTAL 2491. 38 EIN: 364084566 POLLAK AND SKAN INCORPORATED 25 NORTHWEST POINT BLVD ELK GROVE VLG IL 60007 - 1056 0097 AA K C RUNDLE 2763. 75 2763. 75 7127 - 85 - 48668 01298 V WAGE TOTAL 2763. 75 OASDI EMPLOYER TOTAL 2763. 75 EIN: 621705538 STAFFMARK INC - ILLINOIS % CLETE T BREWER 2745 BERNICE RD LANSING IL 60438 - 1011 0097 AA K C RUNDLE 174. 00 174, 00 7160 - 87 - 71021 01798 V WAGE TOTAL 174. 00 OASDI EMPLOYER TOTAL 174. 00 97 OAS DI YEARLY TOTAL 6998. 51 EIN: 5 7 3 9 2 EIN: 840578371 INTERMOUNTAIN COLOR INC SIGNATURE OFFSET FSET 4900 PEARL EAST CIR STE 300E BOULDER Co 80301 - 3111 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PRS 0098 AA K C RUNDLE 9629. 56 9629. 56 8120 - 86 - 75976 01299 V WAGE TOTAL 9629. 56 OASDI EMPLOYER TOTAL 9629. 56 EIN: 840607106 READY MEN LABOR INC 1915 E COLFAX AVE DENVER Co 80206 - 1301 0098 AA K C RUNDLE 3092. 33 8161 - 85 - 00790 01799 V WAGE TOTAL 3092. 33 OASDI EMPLOYER TOTAL 3092. 33 EIN: 841220330 NATIONWIDE TEMPORARIES INC % SHARON KAY FILER PRES 690 PEORIA ST UNIT D AURORA Co 80011 - 8233 0098 IA K C RUNDLE 38. 50. 00 9164 - 75 - 09587 02300 V WAGE TOTAL 38. 50 QASDI EMPLOYER TOTAL 38. 50 EIN: 880225431 CONNIE DUVAL 7 - 11 2057 25156 29643 405 E SILVERADO RANCH BLVD 9 0098 AA K C RUNDLE 296. 50 296. 50 8079 - 65 - 33119 00799 V 00 00 00 266 EXHIBIT NO. B4D PAGE: 2 OF 6 WAGE TOTAL 296. 50 OASDI EMPLOYER TOTAL 296. 50 EIN: 911287341 TRUEBLUE INC PO BOX 2910 ТАСОМА 0098 AA K RUNDLE 21. 60 WAGE TOTAL 21. 60 OASDI EMPLOYER TOTAL 21. 60 98 OASDI YEARLY TOTAL 13078. 49 WA 98401 - 2910 21. 60 8167 - 85 - 92066 01899 V EIN: 223606730 LABOR READY SOUTHWEST INC 4 TAX DEPT PO BOX 2910 ТАСОМА WA 98401 - 2910 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0099 AA K RUNDLE 104. 00 104. 00 9076 - 86 - 14123 00600 V WAGE TOTAL 104. 00 OASDI EMPLOYER TOTAL 104. 00 EIN: 840402712 SALVATION ARMY 180 E OCEAN BLVD LONG BEACH CA 90802 - 4709 0099 AA K C RUNDLE 1454. 58 1454. 58 9056 - 88 - 44831 00400 V WAGE TOTAL 1454. 58 OASDI EMPLOYER TOTAL 1454. 58 EIN: 840578371 INTERMOUNTAIN COLOR INC 0099 AA K C RUNDLE 13720. 11 13640. 10 9119 - 85 - 75876 01300 V WAGE TOTAL 13720. 11 OASDI EMPLOYER TOTAL 13720. 11 EIN: 840607106 READY MEN LABOR INC 0099 AA K C RUNDLE 64. 38 64. 38 9104 - 86 - 16597 01000 V WAGE TOTAL 64. 38 OASDI EMPLOYER TOTAL 64. 38 99 OASDI YEARLY TOTAL 15343. 07 LO LO LO 00 00 00 UN 7 5 8 7 0 0 0 EN: 7 LO N 4 0 0 0 EFFICENCY INC PRODUCTIVITY PARTNERS % RICHARD F HERMANNS PO BOX 22528 CHARLESTON SC 29413 - 2528 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PRS 0000AA K C RUNDLE 42. 00 42. 000152 - 85 - 25000 01901 V WAGE TOTAL 42. 00 OASDI EMPLOYER TOTAL 42. 00 EIN: 840517361 WESTERN STOCK SHOW ASSOCIATION 4655 HUMBOLDT ST DENVER CO 80216 - 2818 0000AA K C RUNDLE 786. 51 786. 51 0103 - 87 - 62883 01201 V LA1 KC RUNDLE 786. 51 786. 51 2223 - 76 - 13252 03403 V 1A1 K C RUNDLE - 786. 51 - 786. 51 2223 - 76 - 13252 03403 V WAGE TOTAL 786. 51 OASDI EMPLOYER TOTAL 786. 51 EIN: 840578371 INTERMOUNTAIN COLOR INC 0000AA K C RUNDLE | 21447. 72 20676. 29 0100 – 90 - 35935 01101 V WAGE TOTAL 21447. 72 OASDI EMPLOYER TOTAL 21447, 72 00 OASDI YEARLY TOTAL 22276. 23 0 0 0 0 0 () أي في E maior N. N. N EIN: 840578371 INTERMOUNTAIN COLOR INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0001 AA K C RUNDLE 24532. 21 23564. 41 1093 - 87 - 08382 01102 V 9 OASDI EMPLOYER TOTAL 24532. 21 01 OASDI YEARLY TOTAL 24532. 21 267 EXHIBIT NO. B4D PAGE: 3 OF 6 TOTAL COMP CONTROL NUMBER PR 3604. 52 2052 - 36 - 54234 00603 V EIN: 840578371 INTERMOUNTAIN COLOR INC RPYR REO LOAC NAME EARNINGS 0002 AA K C RUNDLE 3717. 35 WAGE TOTAL 3717. 35 OAS DI EMPLOYER TOTAL 3717. 35 02 OASDI YEARLY TOTAL 3717. 35 U U U U EIN: 840376759 A B HIRSCHFELD PRESS INC 150 S BELLAIRE ST DENVER CO 80246 - 1013 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0003 AA K RUNDLE 2455. 83 2455. 83 3056 - 90 - 00733 00604 V WAGE TOTAL 2455. 83 OASDI EMPLOYER TOTAL 2455. 83 EIN: 943420415 PIZZA PALS L P HUSTON ALLAN S GEN PTR 15762 SEABOLT ADDISON TX 75001 - 6330 0003 AA K C RUNDLE 869. 82 869. 82 3100 - 85 - 38338 01304 V WAGE TOTAL 869. 82 OASDI EMPLOYER TOTAL 869. 82 03 OASDI YEARLY TOTAL 3325. 65 0 00 00 0 I i II I III i EIN: 621043970 GUARDSMARK LLC 22 S 2ND ST MEMPHIS TN 38103 - 2613 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0004 AA K C RUNDLE 5260. 30 | 5260. 30 4070 - 89 - 27016 00905 V WAGE TOTAL 5260. 30 OASDI EMPLOYER TOTAL 5260. 30 EIN: 710912217 SECURITAS SECURITY SERVICES USA INC ATTN NORMAN HARDER TWO CAMPUS DRIVE PARSIPPANY NJ 07054 - 4400 0004 AA K C RUNDLE 2791. 62 2791. 62 4056 - 87 - 51364 00705 V WAGE TOTAL 2791. 62 OASDI EMPLOYER TOTAL 2791. 62 EIN: 920173720 JEFFERY A BALLEK WHITE EAGLE CONSTRUCTION PO BOX 55619 NORTH POLE AK 99705 - 0619 0004 AA K C RUNDLE 950. 00 950. 00 4206 - 65 - 73390 02905 V WAGE TOTAL 950, 00 OASDI EMPLOYER TOTAL 950. 00 EIN: 930798201 FRED MEYER STORES INC KROGER SHARED SERVICE CENTER 1014 VINE ST CINCINNATI OH 45202 - 1141 0004 AA K C RUNDLE 837. 09 837. 09 4088 - 86 - 68522 01105 V WAGE TOTAL 837. 09 OASDI EMPLOYER TOTAL 837. 09 SELF EMPLOYMENT RPYR REO SMEM NAME EARNINGS SE NUMBER CONTROL NUMBER PR S SE04 UI K RUNDLE 864. 00 000400000 BNO0 - 0X - 00000 02506 V OASDI SELF EMPLOYMENT TOTAL 864. 00 04 OASDI YEARLY TOTAL 10703. 01 4 5 2 1. EIN: 203140401 268 PLAYERS GRILL INC Case 4: 17PÈ - 06027BHRH. Document 14 - 6 Filed 01 / 29 / 18 Page 14 of 19 4579 WOOD RIVER DR FAIRBANKS AK 99709 - 3404 AK 9 9 7 9 3 e 2 ani a EXHIBIT NO. B4D PAGE: 4 OF 6 8 8 4 7 8 8 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PRS 0005 AA K C RUNDLE 1012. 50 1012. 50 5170 - 69 - 23016 02406 V WAGE TOTAL 1012. 50 OASDI EMPLOYER TOTAL 1012. 50 EIN: 911617278 COLASKA INC * TIM HROZA 4000 OLD SEWARD HWY STE 101 ANCHORAGE AK 99503 - 6068 0005 AA K C RUNDLE 1996. 64 1996, 64 5093 - 88 - 43788 01206 V WAGE TOTAL 1996. 64 OASDI EMPLOYER TOTAL 1996. 64 EIN: 920077060 NEESER CONSTRUCTION INC 2501 BLUEBERRY RD ANCHORAGE AK 99503 - 2621 0005 AA K C RUNDLE 2728. 67 5093 - 88 - 68458 01206 V WAGE TOTAL OASDI EMPLOYER TOTAL 2728. 67 EIN: 930798201 FRED MEYER STORES INC 0005 AA K C RUNDLE 845. 96 845. 96 5058 - 85 - 78622 00706 V WAGE TOTAL 845. 96 OASDI EMPLOYER TOTAL 845. 96 05 OASDI YEARLY TOTAL 6583. 77 9 5 2 6 8 8 6 V V NJ 5 8 2 2 0 0 EIN: 920142734 DOYON - UNIVERSAL SERVICES LLC 11500 C ST STE 100 ANCHORAGE AK 99515 - 2694 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0006 AA K RUNDLE 32192. 86 32192. 86 6052 - 87 - 99526 00607 V WAGE TOTAL 32192. 86 OASDI EMPLOYER TOTAL 32192. 86 06 OAS DI YEARLY TOTAL 32192. 86 EIN: 770159791 GOTTSCHALKS INC & SUBSIDIARIES PO BOX 28920 FRESNO CA 93729 - 8920 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0007 AA K C RUNDLE 3880, 50 3880. 50 8100 - AE - 49488 01208 V WAGE TOTAL 3880. 50 QASDI EMPLOYER TOTAL 3880. 50 EIN: 920068054 GUARDIAN SECURITY SYSTEMS INC 2600 SEWARD HWY ANCHORAGE 0007 AA K C RUNDLE 3878. 23 3878. 23 8098 - AP - 97226 01208 V WAGE TOTAL 3878. 23 OASDI EMPLOYER TOTAL 3878. 23 07 OASDI YEARLY TOTAL 7758. 73 ON LO 0 5 9 7 O O)) 8 8 7 2 2 6 N N EIN: 770159791 GOTTSCHALKS INC & SUBSIDIARIES RPYR REO LOAC NAME EARNINGS TOTAL COMO CONTROL NUMBER PR S 0008 AA K C RUNDLE 1567. 80 | 1567. 80 9051 - AF - 54844 00509 V WAGE TOTAL 1567. 80 OASDI EMPLOYER TOTAL 1567. 80 EIN: 911465348 LOWES HIW INC % TAX DEPARTMENT 900 SW 16TH ST RENTON WA 98057 - 2631 0008 AA K C RUNDLE 18030. 25 17876. 55 9048 - BE - 92074 00409 V WAGE TOTAL 18030. 25 OASDI EMPLOYER TOTAL 18030. 25 08 OASDI YEARLY TOTAL 19598. 05 Case 4: 17 - cy - 00027 - HRH. Document 14 - 6 Filed 01 / 29 / 18 Page 15 of 19 U U U 269 EIN: 411609563 GAMESTOP INC EXHIBIT NO. B4D PAGE: 5 OF 6 ATTN PAYROLL 625 WESTPORT PKWY GRAPEVINE TX 76051 - 6740 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR s 0009 AA K C RUNDLE 8947, 48 8947, 48 0068 - BD - 64800 00810 V WAGE TOTAL 8947, 48 OASDI EMPLOYER TOTAL 8947. 48 EIN: 911465348 LOWES HIW INC 0009 AA K C RUNDLE 15878. 64 15446. 39 0089 - AM - 94565 01110 V WAGE TOTAL 15878. 64 OASDI EMPLOYER TOTAL 15878, 64 09 OASDI YEARLY TOTAL 24826. 12 5 4 4 3 AM 9 5 4 + V J 6 E P TOTAL COMP CONTROL NUMBER PR S 32426. 56 1076 - AJ - 51660 00911 V EIN: 411609563 GAMESTOP INC RPYR REO LOAC NAME 0010 AA K C RUNDLE WAGE TOTAL OASDI EMPLOYER TOTAL 10 OASDI YEARLY TOTAL EARNINGS 32426. 56 32426. 56 32426. 56 32426. 56 ن ن لر نے TOTAL COMP CONTROL NUMBER PR S 13962. 55 2096 - AA - 45675 01212 V EIN: 411609563 GAMESTOP INC RPYR REO LOAC NAME 0011 AA K C RUNDLE WAGE TOTAL OASDI EMPLOYER TOTAL 11 OASDI YEARLY TOTAL EARNINGS 13962. 55 13962. 55 13962. 55 13962. 55 0 0 0 12 NONE 13 NONE 14 NONE 15 NONE DETAIL NON - COVERED EARNINGS AND W – 2 PENSION DATA AND EMPLOYER NAME AND ADDRESS FOR YEARS REQUESTED 97 NONE 98 NONE EIN: 840578371 INTERMOUNTAIN COLOR INC RPYR RE LOAC NAME TOTAL AMOUNT CONTROL NUMBER PR S 0099 DJ KC RUNDLE 80. 01 9119 - 85 - 75876 01300 V DEFERRED COMP, TOTAL 80. 01 BETES: BATAS NG az amerikan peranan perasaan may mas 270 EIN: 840578371 INTERMOUNTAIN COLOR INC RPYR RE LOAC NAME TOTAL AMOUNT 0000 DJ K C RUNDLE 771. 43 DEFERRED COMP, TOTAL 771. 43 CONTROL NUMBER PR 0100 - 90 - 35935 01101 V 270 EIN: 840578371 INTERMOUNTAIN COLOR INC RPYR RE LOAC NOase 4: 17 - cy - 00027 - HRHIT DOCUMEPŁ 146 EFile 01 / 29 / 18 Page 16 of 19 0001 DJ K C RUNDLE 967. 80 1093 - 87 - 08382 01102 V DEFERRED COMP, TOTAL 967. 80 EXHIBIT NO. B4D PAGE: 6 OF 6 EIN: 840578371 INTERMOUNTAIN COLOR INC RPYR RE LOAC NAME TOTAL AMOUNT 0002 DJ KC RUNDLE 112. 83 DEFERRED COMP. TOTAL 112. 83 CONTROL NUMBER PR s 2052 - 86 - 54234 00603 V 03 NONE 04 NONE 05 NONE 06 NONE 07 NONE EIN: 911465348 LOWES HIW INC RPYR RE LOAC NAME TOTAL AMOUNT 0008 DD K C RUNDLE 153. 70 DEFERRED COMP 401 (K) TOTAL 153. 70 CONTROL NUMBER PR S 9048 - BE - 92074 00409 V EIN: 911465348 LOWES HIW INC RPYR RE LOAC NAME TOTAL AMOUNT 0009 DD KC RUNDLE 527. 45 DEFERRED COMP 401 (K) TOTAL 527. 45 CONTROL NUMBER PRS 0089 - AM - 945 65 01110 V 10 NONE 11 NONE 12 NONE 13 NONE 14 NONE 15 NONE REMARKS CLAIMS ACTIVITY - - SEE MBR 271 9 SEQY DTE: 04 / 28 / 15 AN: 339 - 80 - 7716 DOC: Y68 UNIT: ESEQY MEF QN: 339 - 80 - 7716 NA: KC RUNDLE DB: 11 / 1973 SX: M AK: MORRIS EXHIBIT NO. B5D PAGE: 1 OF 1 SUMMARY FICA EARNINGS FOR YEARS REQUESTED YEAR EARNINGS YEAR EARNINGS YEAR EARNINGS YEAR 1997 6998. 51 2002 3717. 35 2007 7758. 73 2012 1998 13078. 49 2003 3325. 65 2008 19598. 05 2013 1999 15343. 07 2004 10703. 01 2009 24826. 12 2014 2000 22276. 23 2005 6583. 77 2010 32426. 56 2015 2001 24532. 21 2006 32192. 86 2011 13962. 55 ITEIT EARNINGS. 00. 00. 00. 00 SUMMARY MQGE EARNINGS FOR YEARS REQUESTED NO MQGE EARNINGS FOR YEARS REQUESTED REMARKS CLAIMS ACTIVITY - - SEE MBR 272 9 APR - 28 - 2015 08: 54 REGION X DECISION WRITERS 206 615 2099 P. 002 EXHIBIT NO. B6D PAGE: 1 OF1 | - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - רו TO E - S - - S - - - - - NDNH - T16 QUERY for 339 - 80 - 1716 - - - - - SSR Docs Not Exist and No MSSICS Filo - - - - - NDNH - T2 QUERY for 339 - 80 - 7716 - - - - - - - - - - - - NH – UNEMPLOY DATE; 04 / 28 / 2015 SSN: 339 - 80 - 7716 NDUN QUARTER PAID: 4TH / 2014 NAME (E, MI, L): KENNETH C RUNDLE NAME / SSN VERIFIED: Y UNEMP AMOUNT: $ 117. 00 MAILED TO: 1445 22ND AVE # 8 CITY ST ZIP: FAIRBANKS AK 99701 - 651. 7 PAYER STATE: AK REPORT PROÇEŞŞED; 01 / 05 / 2015 - - ALLII — III 273 9

Medical Records Part 10

Medical Records Civil Action Number: 4: 17 - CV - 00027 Claimant: Kenneth Charles Rundle III Account Number: 339 - 80 - 7716 Exhibits Exhibit No. B36F. No. of Pages Description Page No. Office Treatment Records, dated 05 / 08 / 2015 to 10 / 16 / 2015, 1647 - 1655 from AA Spine and Pain Clinic So Longpong Page No Pages DATE: January 10, 2018 The documents and exhibits contained in this administrative record are the best copies obtainable. 0 LIKUS HI HEN LVIL SAMA NIIN EI OLE NICase 4: 17 - CV - 00027 - HRHEIT DER EINER SE PIKËd 01 / 29 / 18 Page 2 of 10 ܠܐܚܪ . ukos TSWANASARTS NAUSGESTAAK. sorlat - SzupVUSVUKIAWNotras17 * S * w > W ? usk * * * * * * * * * * * * * * * * * * * * * PRIZREN, KONGRESIN * i7 225 2. " LTKRIVEN SE Yis FASE EXTRA Akis. JL: SS - star. 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SOCIAL SECURITY SCHEDULING ORDER. See order for deadlines. Signed by Judge H. Russel Holland on 1/30/18.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. Case No. 4:17-cv-00027-HRH SOCIAL SECURITY SCHEDULING ORDER Pursuant to the Local Rules of the United States District Court for the District of Alaska (D.Ak. L.R.) 16.1(a)(7) and 16.3, the Court establishes the following deadlines: 1. Defendant shall electronically file and serve a certified copy of the agency record no later than 60 days after Defendant's initial appearance. The agency record shall be conventionally served on a self-represented plaintiff. A conventional copy of the record need not be filed with the Court, but a conventional copy of the agency record shall be provided for use by the presiding judge. 2. Within 30 days after the filing of the agency record, Plaintiff shall file and serve an opening brief. Failure to timely file the opening brief may subject this case to dismissal. 3. Within 30 days after service of Plaintiff's opening brief, Defendant shall file and serve an answering brief. 4. Plaintiff may file and serve a reply brief within 14 days after service of Defendant's brief. 5. The opening and answering briefs shall not exceed 25 pages. A reply brief may not exceed 15 pages. 6. If Defendant files a motion to remand, Plaintiff shall have 14 days to respond. The motion and response shall not exceed 15 pages. No further briefing shall be filed unless otherwise ordered. 7. One extension of time of up to 14 days will be routinely granted for each filing. Any additional extensions of time will require a showing of good cause and will not be routinely granted. DATED at Anchorage, Alaska this 30th day of January, 2018. s/ H. Russel Holland UNITED STATES DISTRICT JUDGE Social Security Scheduling Order Page 2 of 2

MEMORANDUM in Support of Social Security Appeal w COS by Kenneth Charles Rundle, III. Modified on 3/2/2018 to change to a motion event

1 Edward A. Wicklund, Esq. Attorney for Plaintiff 2 Pro hoc vice 3 Olinsky Law Group 300 South State Street, Suite 420 4 Syracuse, New York 13202 5 Telephone: (315) 701-5780 Fax: (315) 701-5781 6 twicklund@windisability.com 7 8 UNITED STATES DISTRICT COURT DISTRICT OF ALASKA 9 KENNETH CHARLES RUNDLE, III, 10 11 Plaintiff, CIVIL ACTION NO. 4:17-cv-00027 (HRH) 12 -v- 13 NANCY A. BERRYHILL, 14 ACTING COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 ----------------------------------------------------------- 17 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF A SOCIAL SECURITY APPEAL 18 19 STATEMENT OF ISSUES 20 1. The RFC is unsupported by substantial evidence because the ALJ improperly determined Plaintiff did not require a walker or cane to ambulate; 21 2. The ALJ failed to properly apply the treating physician rule for Dr. Andreassen's 22 opinions; and 3. The ALJ's Step 2 findings were erroneous and the RFC failed to accommodate for 23 Plaintiff's mental limitations. 24 STATEMENT OF FACTS 25 A. Procedural Status 26 On July 31, 2014, Kenneth Charles Rundle III ("Plaintiff") filed an application for Title II 27 disability insurance benefits alleging disability beginning January 1, 2012, due to arthritis in his 28 1 6 1 neck, use of a service dog, anxiety, depression, degenerative disc disease, herniated disc in his 2 back and neck, a pinched nerve in his back and neck, nerve root compression, spinal stenosis, 3 and use of a prescribed cane. Administrative Record ("T") at pages 185, 279. The application 4 5 was initially denied on February 24, 2015. T 185. Plaintiff subsequently requested a hearing, 6 which was held on November 12, 2015, before administrative law judge Cecilia LaCara ("ALJ"). 7 T 44-100, 196. At the hearing, Plaintiff amended his alleged onset date to April 25, 2013. T 17. 8 On March 30, 2016, the ALJ issued an unfavorable decision. T 17-33. On August 28, 2017, the 9 Appeals Council denied Plaintiff's request for review. T 1. Plaintiff timely filed this action 10 11 before the Court, which has jurisdiction under 42 U.S.C. § 405(g). 12 At Step 1, the ALJ found Plaintiff met the insured status requirement of the Social 13 Security Act through December 31, 2016. T 20. The ALJ also found Plaintiff had not engaged 14 in substantial gainful activity since April 25, 2013, the amended onset date. T 20. At Step 2, the 15 ALJ found the following of Plaintiff's impairments severe: degenerative disc disease, 16 17 osteoarthritis with degeneration of the right knee and left shoulder, a history of right hamstring 18 repair, and fibromyalgia. T 20. The ALJ also found Plaintiff had mild limitations in activities of 19 daily living; mild limitations in the area of social functioning; mild limitations in concentration, 20 persistence or pace; and no episodes of decompensation. T 23. At Step 3, the ALJ found 21 22 Plaintiff's impairments did not meet or equal a Listing. T 24. Thus, the ALJ found Plaintiff had 23 the RFC to perform light work, except: 24 the claimant is limited to frequent climbing of ladders, ropes or scaffolds; frequent 25 crouching; and occasional stooping. He can perform occasional reaching in all directions with the left upper extremity. The claimant must avoid concentrated 26 exposure to non-weather related extreme cold and extreme heat; must avoid exposures to irritants (such as fumes, odors, dusts, gases, and poorly ventilated 27 areas), operation control of moving machinery, unprotected heights, and hazardous 28 machinery. 2 6 1 T 25. At Step 4, the ALJ found Plaintiff was able to work past relevant work as a security guard 2 (DOT#372.667-034). T 31. Plaintiff, age 45 when the ALJ rendered her decision, was found to 3 have at least a high school education and was able to communicate in English. T 32. 4 5 Alternatively, at Step 5, the ALJ found Plaintiff was able to perform other work, such as 6 ushering (DOT#344.677-014), children's attendant (DOT#349.677-018), and a rental consultant 7 (DOT#295.357-018). T 33. Ultimately, the ALJ found Plaintiff not disabled. T 33. 8 B. Medical Record 9 On July 19, 2011, an MRI showed early spondylosis involving the L5-S1 level with mild 10 posterior disc bulges, neural foramina, and Schmorl's node formation. T 509. On September 6, 11 2011, x-ray imagining revealed degenerative changes of the lumbar spine and cervical spine, as 12 well as bony neural foraminal narrowing on the left C6-7. T 505-506. 13 14 On February 14, 2012, Plaintiff treated with Upshur M. Spencer, M.D., complaining of 15 back pain. T 360-632. Plaintiff reported his back radiated across the lower back and radiated 16 somewhat up the back and down into his lower extremities. T 361. He also reported the 17 following: the pain was worse with sitting; he needed a cane for balance and support; he could 18 19 stand or walk for 10 minutes at one time; and he could not walk a mile due to pain. T 361. 20 Upon physical examination, Plaintiff was positive for tenderness on palpation of the paraspinal 21 musculature throughout the lumber region; decreased range-of-motion ("ROM") in his lumbar 22 region; and reduced reflexes as well as palpable dorsalis pedis pulses. T 361. 23 On March 21, 2012, x-ray imaging showed early degenerative changes from L4-5 to L5- 24 25 S1 in Plaintiff's lumbar region. T 366. On March 22, 2012, Plaintiff received a L5-S1 26 transformainal lumbar interbody procedure (back surgery). T 356. This procedure was 27 28 3 6 1 precipitated by an MRI that demonstrated a significantly degenerative disc at the L5-S1 level. T 2 357. 3 On April 6, 2012, Plaintiff treated with Dr. Spencer, who noted that on physical 4 5 examination, he was slow to transition from sitting to standing and ambulated with a walker. T 6 365. Objective symptoms also revealed a weak tibialis anterior, and a decreased sensation in the 7 right lateral calf. T 365. 8 On May 22, 2012, a MRI revealed multilevel cervical spine degenerative changes 9 including mild to moderate disc osteophyte, mild to moderate neural foraminal narrowing, as 10 11 well as mild to moderate canal narrowing throughout Plaintiff's cervical spinal area. T 354-355. 12 This translated into multilevel cervical spinal degenerative changes. T 393. 13 On September 14, 2012, Plaintiff reported neck pain and increased difficulty walking. T 14 368. Dr. Spencer indicated Plaintiff was using a cane. T 368. He also reported poor balance 15 and feeling lightheaded. T 368. Upon physical examination, Dr. Spencer noted Plaintiff was 16 17 positive for an abnormal tandem gait and ambulation with assistance of a cane, as well as 18 decreased ROM in his neck. T 368. 19 On January 29, 2013, Plaintiff treated with treating psychiatrist Mikki King Barker, D.O., 20 for mental health treatment. T 773. Plaintiff reported problems with going to sleep, staying 21 22 asleep, and waking up, and waking up with a fear of dying because of night terrors. T 774. 23 Plaintiff also reporting having kinesthetic problems due to balance problems, which translated to 24 difficulty walking. T 774. Dr. Barker observed Plaintiff's mood as minimally animated and 25 slightly tearful, almost melancholy. T 775. Dr. Barker diagnosed Plaintiff with pain related to 26 psychiatric factors. T 775. Plaintiff treated with Dr. Barker five more times between February 27 28 12, 2013, and June 14, 2013. T 777, 779, 781-782. On June 21, 2013, Dr. Barker noted that 4 6 1 Plaintiff's needed personal care constantly because he often got confused on his medication and 2 was unable to drive himself. T 780. Dr. Barker also noted Plaintiff needed assistance with 3 ambulation. T 780. Between June 2013 and September 2015, Dr. Barker treated with Plaintiff at 4 5 least 7 different times and her treatment notes included an anxious affect, and other objective 6 symptoms. T 1111-1121. 7 On February 26, 2013, Plaintiff reported increased musculoskeletal pain in both lower 8 and upper extremities. T 370. Upon physical exam, Dr. Spencer noted that Plaintiff still used a 9 cane to ambulate and had a slow and unsteady gait. T 379. 10 11 On February 28, 2013, Plaintiff treated with Raymond Andreassen, D.O., complaining of 12 loss of strength in his lower extremities and balance issues. T 681. Upon physical exam, Dr. 13 Andreassen observed reduced strength bilaterally in the upper extremities, as well as 14 numbness/tingling in both Plaintiff's lower and upper extremities, with the pain radiating down 15 both legs from the lower back and hypo-reflexive bilaterally. T 681. Dr. Andreassen also noted 16 17 Plaintiff was walking with the assistance of a cane. T 681. 18 On April 26, 2013, Plaintiff treated with Dr. Spencer complaining of increasing lower 19 back pain and poor balance long term. T 372. Dr. Spencer indicated he was concerned that 20 Plaintiff potentially had some proximal cervical spinal stenosis, and as such, ordered new 21 22 imaging of his lumbar region. T 372. Plaintiff reported feeling "wobbly" when walking, and 23 lower extremity weakness. T 372. Dr. Spencer noted Plaintiff continued to use his cane for 24 ambulation. T 372. Dr. Spencer then indicated that the results of an MRI performed March 11, 25 2013, showed disc desiccation, degenerative changes, mild foraminal stenosis, moderate 26 foraminal narrowing, and eccentric disc osteophyte throughout Plaintiff's cervical spinal region 27 28 in varying degrees of severity. T 372. The radiologist impression was multilevel degenerative 5 6 1 spondylosis. T 372. Imagining of Plaintiff's lumbar region revealed mild congenital canal 2 stenosis from L2-S1, and minimal annular bulges at L3-L4 and L4-L5. T 390. 3 On June 3, 2013, Plaintiff treated with Alfred R. Lonser, M.D., complaining of back pain, 4 5 leg pain, and neck pain, all aggravated by bending, prolonged sitting, and prolonged standing. T 6 395. Dr. Lonser indicated epidural steroids were ineffective in controlling Plaintiff's pain. T 7 395. Upon physical examination, Dr. Lonser observed tenderness on palpation and a moderately 8 reduced ROM in the lumbar region, as well as weakness in Plaintiff's right upper extremities and 9 reduced sensation/reflexes in his lower extremities. T 398-399. Dr. Lonser also noticed multiple 10 11 trigger points in the lower back and bilateral sacroiliac tenderness. T 399. 12 On July 15, 2013, Plaintiff treated with Dr. Lonser, who observed the following upon 13 physical exam: tenderness upon palpation and mildly reduced ROM in the cervical spine; right- 14 sided tenderness and moderately reduced ROM in the lumbar spinal region; moderate tenderness 15 to palpation present in the left shoulder and reduced joint ROM; right upper extremity weakness; 16 17 reduced reflexes bilaterally in the lower extremities; reduced sensation in the left hand calf; as 18 well as multiple trigger points in the lower back and bilateral sacroiliac tenderness. T 427-428. 19 From August 12, 2013, through October 14, 2014, Plaintiff treated with Dr. Lonser 20 approximately 4 different times, each showing the following upon physical exam: tenderness 21 22 upon palpation and mildly reduced ROM in the cervical spine; right-sided tenderness and 23 moderately reduced ROM in the lumbar spinal region; moderate tenderness to palpation present 24 in the left shoulder and reduced joint ROM; right upper extremity weakness; reduced reflexes 25 bilaterally in the lower extremities; reduced sensation in the left hand calf; as well as multiple 26 trigger points in the lower back and bilateral sacroiliac tenderness. T 545-555, 563-64, 585-86, 27 28 626-27. 6 6 1 On August 14, 2013, Plaintiff treated with James M. Foelsch, M.D. T 475. Dr. Foelsch 2 indicated that upon physical exam, Plaintiff had a slow and antalgic gait; used a cane to 3 ambulate; and that his motor exam was remarkable for giveaway weakness in the right upper and 4 5 lower extremity. T 476. 6 On September 5, 2013, Plaintiff treated with Mark D. Wade, M.D., who noted that upon 7 physical exam, Plaintiff was positive for a deformity in the belly of the hamstring muscle with 8 weakness noted and knee flexion; as well as MRI showing a tear in the hamstring tendons. T 9 455. On September 27, 2013, Plaintiff had hamstring repair surgery. T 450. Subsequent 10 11 treatment notes indicated Plaintiff was required to ambulate with crutches. T 448. 12 On January 28, 2014, Plaintiff treated with Dr. Wade, who indicated he was positive for 13 mild weakness and also noted that he ambulated with the assistance of a cane. T 445-446. 14 On May 8, 2014, an MRI of Plaintiff's left shoulder revealed: moderate-size tear of the 15 superior labrum, with partial-thickness intra-substance tearing of the long head of the biceps 16 17 tendon; supraspinatus and infraspinatus tendinopathy; and moderate degenerative changes of the 18 acromioclavicular joint with reactive marrow edema noted in the distal clavicle resulting in mild 19 subacromial impingement. T 502, 692. 20 On May 19, 2014, Plaintiff treated with Robert F. Valentz, M.D., complaining of severe 21 22 back pain, which he reported was aggravated by sitting, walking, and lying down. T 491. Dr. 23 Valentz noticed Plaintiff's gait was antalgic and walked with the assistance of a cane, as well as 24 pain upon a straight leg raise test. T 491. 25 On July 28, 2014, Plaintiff visited urgent care and was examined by Eric L. Schneider, 26 D.O., for severe back pain. T 464. Dr. Schneider noted Plaintiff's pain was located in the right 27 28 and mid lower back strongly suggesting lumbar radiculopathy, and that Plaintiff reported that his 7 6 1 pain was worsening. T 464. Dr. Schneider also indicated Plaintiff had a history of back surgery 2 but reported that his pain was worse than before surgery. T 465. Plaintiff stated to Dr. 3 Schneider "I give up; My tow[e]l is thrown." T 465. Upon review of systems, Plaintiff was 4 5 positive for back pain, joint pain, muscle weakness, neck pain, extremity weakness, gait 6 disturbance, and numbness. T467. Upon physical exam, Dr. Schneider found Plaintiff appeared 7 to be in moderate to severe distress; ambulated with a cane; was unable to sit evenly in a chair; 8 was positive for mid thoracic tenderness; tissue hypertonicity; severe midline tenderness in his 9 lumbar spinal area; lesser right iliac and gluteal tenderness; was unable to stand fully erect; 10 11 required use of hands to change levels; unable to heal or toe walk; and positive for a 12 diminished/altered sensation in multiple areas in the bilateral lower extremities. T 468. 13 On July 15, 2014, Plaintiff treated with Dr. Valentz complaining of severe back pain, 14 which he reported was aggravated by sitting, walking, and lying down. T 486. Dr. Valentz 15 noticed Plaintiff's gait was antalgic and walked with the assistance of a cane, as well as pain 16 17 upon a straight leg raise test. T 486. 18 On July 29, 2014, an MRI of Plaintiff's cervical spinal region showed mild right posterior 19 disc osteophyte complex and moderate to severe right and minimal left foraminal narrowing at 20 C3-C4; mild disc osteophyte complex with mild spinal stenosis with moderate bilateral foraminal 21 22 narrowing at C4-C5; mild disc bulge with superimposed right paracentral posterior protrusion 23 with mild bilateral foraminal narrowing and mild spinal stenosis at C5-C6; and mild posterior 24 disc osteophyte complex with mild spinal stenosis with moderate left and minimal right 25 foraminal narrowing. T 499-500. Summarily, the MRI revealed multilevel degenerative 26 changes demonstrating no significant appreciable progression since his surgery, and that these 27 28 degenerative changes were more prominent than expected for Plaintiff's age. T 500. 8 6 1 On July 30, 2014, an MRI of Plaintiff's spinal regions showed mild disc height loss with 2 Schmorl's node formation at T11-L1; minimal disc bilateral osteophyte complex formation 3 posterolaterally at L1-L2; mild disc bilateral osteophyte complex formation at L2-L3; moderate 4 5 disc bilateral osteophyte complex formation and a moderately narrowed spinal canal at L3-L4; a 6 small circumferential disc osteophyte complex mildly narrows both neural foramina at L4-L5; 7 and discectomy and posterior spinal fusion with probable laminectomy at L5-S1, as well as fatty 8 tissue in the left spinal canal. T 471-472. There was also mild endplate spurring involving the 9 upper lumbar levels. T 473. 10 11 On August 6, 2014, Plaintiff treated with Dr. Valentz complaining of severe back pain. T 12 483. Dr. Valentz noticed Plaintiff's gait was antalgic and he ambulated with the assistance of a 13 cane. T 483. 14 On August 12, 2014, Plaintiff treated with Dr. Andreassen complaining of pain in the 15 lower back on the right side, radiating down his leg. T 656. Plaintiff reported he could not even 16 17 sit down on the right side due to severe pain. T 656. On September 8, 2014, Plaintiff treated 18 with Dr. Andreassen complaining of back pain. T 653. Upon physical exam, Dr. Andreassen 19 observed decreased sensory in Plaintiff's L4-5 nerve distribution. T 654. 20 On September 9, 2014, Plaintiff treated with Physician Assistant ("PA") Sherrie McCoy, 21 22 P.A., complaining of neck/back pain, as well as generalized pain. T 511. Upon physical exam, 23 PA McCoy observed radicular symptoms along Plaintiff's right lateral leg; decreased cervical 24 ROM; and somewhat antalgic gait, noting that he ambulated with cane. T 511. On October 24, 25 2014, Dr. Foelsch found that upon physical exam, Plaintiff had a slow and antalgic gait; used a 26 cane to ambulate; and that lower extremity strength is similar with frequent giveaway weakness 27 28 in the right upper and lower extremity. T 630. An electromyography of Plaintiff's right lower 9 6 1 extremity, including paraspinal muscles, were remarkable for increased insertional activity in the 2 tibialis anterior and slight increased insertional activity in the paraspinal muscles, all indicative 3 of an "irritating phenomenon at the L5 level." T 631. 4 5 On December 9, 2014, Plaintiff treated with Dr. Andreaseen complaining of bilateral 6 knee pain, which he described as aching, with throbbing pain constantly and periodic swelling. 7 T 647. Plaintiff reported that activity makes his pain worse and that he was unable to bend over 8 due to an inability to get back up, and that sitting/lying helped with his knee pain. T 647. Upon 9 physical examination, Dr. Andreaseen noted that Plaintiff's neck muscles were in mild spasms 10 11 and sore to the touch. T 648. Dr. Andreaseen diagnosed Plaintiff with acute cervical 12 spondylosis, acute degeneration cervical disc, and joint pain in the lower leg. T 648. 13 On February 5, 2015, an MRI of Plaintiff's cervical spinal region indicated multilevel 14 degenerative disc disease most pronounced at C3/4 through C6/7 with mild canal narrowing and 15 varying degrees of neural foraminal comprise, as well as neural foraminal compromise most 16 17 pronounced on the right at C5/6 on the left at C6/7. T 1407. 18 On February 12, 2015, Plaintiff established care with treating physician John Zipperer, 19 M.D., and other staff at Zipperer Medical Group. T 965. Plaintiff reported pain in his back that 20 radiated more to his left leg and caused extreme discomfort not alleviated by his more recent 21 22 injections. T 965. Dr. Zipperer indicated Plaintiff was "very upset about his situation." T 965. 23 Dr. Zipperer noted that Plaintiff was also depressed and anxious and was seeing a psychiatrist for 24 his mental health. T 965. Dr. Zipperer then indicated Plaintiff was disabled from an injury in his 25 back. T 966. Objective symptoms included tenderness to palpation over his right SI joint with a 26 very severe positive "FABER" bilaterally but greater on the right; a positive straight leg test 27 28 10 6 1 bilaterally but greater on the right; pain on palpation of the cervical spine; a positive Hawkins on 2 the left shoulder; and a depressed, irritable, anxious mood. T 966. 3 On February 19, 2015, Plaintiff treated with Dr. Zipperer for a follow up visit. T 962. 4 5 Dr. Zipperer noted that he reviewed and MRI from July 2014 and observed significant disc 6 bulges and paracentral posterior protrusions at C5-C6, as well as moderate bilateral narrowing at 7 C4-C5. T 962. Upon physical exam, Dr. Zipperer observed that Plaintiff appeared somewhat 8 uncomfortable; was positive for tenderness to palpation of the right sacroiliac ("SI") joint with 9 positive FABER; was positive for tenderness over the cervical region with radicular symptoms 10 11 down into his harm; as well as positive for anxiety. T 962-963. 12 On a physical exam dated February 26, 2015, Plaintiff was positive for FABER 13 bilaterally; positive for a straight leg raise bilaterally; and decreased ROM in his right shoulder. 14 T 958. On a physical exam dated March 3, 2015, providers at Zipperer Medical Group indicated 15 Plaintiff appeared to be in mild distress; was positive for midline cervical tenderness, as well as 16 17 tenderness on the right trapezius muscle; and positive for midline facet SI tenderness, as well as 18 an anxious mood. T 956. 19 On April 15, 2015, Plaintiff treated with Zachariah Chambers for pain management. T 20 951. Upon physical exam, Dr. Chambers observed that Plaintiff was fairly unstable on his feet 21 22 and that he does ambulate with a cane but has had multiple falls in the past. T 951. Plaintiff was 23 also positive for cervical pain on palpation; a painful ROM in his cervical region; facet 24 tenderness; and SI tenderness. T 951. Dr. Chambers indicated Plaintiff performed a 25 psychological evaluation of on the IPAD that day, and due to Plaintiff's walking and ambulatory 26 difficulties and multiple falls, she prescribed him a walker with a seat to insure greater safety. T 27 28 951. On April 21, 2015, examining physician Michael Allen, D.O., found upon physical exam 11 6 1 that Plaintiff was positive for tenderness and a severely reduced ROM in his spinal area. T 1156. 2 Dr. Allen also recommended that Plaintiff continue to use his new walker. T 1152. 3 An MRI dated May 6, 2015 showed Plaintiff was still suffering degenerative changes in 4 5 his lumbar region. T 1400. 6 On May 28, 2015, Plaintiff treated with Dr. Chambers, who indicated that because of 7 Plaintiff's difficulty ambulating, he walked with a wheeled walker. T 944. Upon physical exam, 8 Plaintiff was positive for bilateral facet pain upon palpation along the spine; was positive for 9 right-sided trapezius trigger points; as well as positive for sacral sulcus pain bilaterally. T 944. 10 11 On a physical exam dated June 19, 2015, Plaintiff was observed to be sitting 12 uncomfortably and had to shift his position several times due to pain in his back. T 942. A 13 tremor was also observed, as well as an anxious mood. T 942. Plaintiff was positive for 14 tenderness throughout his cervical and lumbar spinal areas; was positive for an area of severe 15 spasms in his right upper trapezius that shot down his right arm; was positive for pain in right SI 16 17 region with positive FABER; and reduced deep tendon reflexes bilaterally. T 942-943. 18 On July 9, 2015, Plaintiff visited with examining physician Herbert Day, D.O., for back 19 pain. T 919. Plaintiff described his pain as aching, burning, deep and dull, and aggravated by 20 changing positions, daily activities, and rolling over in his bed. T 919. Dr. Day indicated 21 22 Plaintiff was positive for extremity weakness, numbness in his extremities, and neck pain. T 23 921. Dr. Day noted Plaintiff ambulated with a wheeled walker. T 922. 24 On August 3, 2015, treating physician David Zetterman, M.D., opined Plaintiff "clearly is 25 in significant pain and has significant disability form his injuries." T 936. On August 7, 2015, 26 Dr. Zetterman perform a physical exam and observed that Plaintiff appeared in pain and to be 27 28 quite stiff. T 917. Plaintiff was also readjusting himself every 5 minutes and was positive for 12 6 1 muscle spasms. T 917. Dr. Zetterman observed that Plaintiff's gait was wide based with short 2 steps and he had significant weakness in both legs and walking was clearly/significantly painful 3 for him. T 917. 4 5 On August 24, 2015, Plaintiff treated with Dr. Zetterman for a follow up visit. T 1132. 6 Notably, Dr. Zetterman noted that "He reports that he continues to be under a great deal of pain 7 and obviously has significant disability from his issues." T 1133. Plaintiff reported suffering for 8 back pain and joint pain. T 1134. Upon physical exam, Dr. Zetterman observed that he 9 appeared to be in pain and appeared to be quite stiff, and readjusts himself after 5 minutes. T 10 11 1134. Dr. Zetterman also observed that Plaintiff was positive for muscle spasms, and that his 12 gait was a bit wide based with short steps. T 1134. Dr. Zetterman also observed that Plaintiff 13 had significant weakness in both legs and clearly walking was significantly painful for him, and 14 that he used a walker for ambulation. T 1134-1135. He was also positive for tenderness to 15 palpation over his lumbar spine as well as thoracic spine and neck, as well as positive for a 16 17 blunted affect. T 1135. 18 On September 8, 2015, Plaintiff treated with Dr. Lonser complaining of pain. T 894. 19 Plaintiff described his pain has constant, extreme, sharp, aching, shooting, punching, and 20 throbbing and exacerbated by walking, standing, and sitting. T 894. Upon review of symptoms, 21 22 Dr. Loner indicated Plaintiff was positive for: ankle/back/elbow/hip, back spasms, joint 23 pain/swelling, knee pain, leg cramps, limited ROM in both upper and lower extremities, 24 stiffness, muscle pain, change in alertness, difficulty concentrating, memory difficulties, 25 muscular weakness, and tingling in the feet. T 895. Dr. Lonser found similar results on October 26 6, 2015. T 892-93. 27 28 13 6 1 On September 10, 2015, Plaintiff treated with Dr. Zetterman, complaining of back pain 2 and joint pain. T 1130. Upon physical exam, Dr. Zetterman observed that he appeared to be in 3 pain and appeared to be quite stiff. T 1130. Dr. Zetterman also indicated that Plaintiff was 4 5 positive for a depressed mood and a flat affect. T 1130. Plaintiff was positive for a bit wide 6 based with short steps. T 1131. Dr. Zetterman also observed that Plaintiff had significant 7 weakness in both legs and clearly walking was significantly painful for him, and that he used a 8 walker for ambulation. T 1131. He was also positive for tenderness to palpation over his lumbar 9 spine as well as thoracic spine and neck. T 1131. 10 11 On October 13, 2015, Plaintiff treated with Dr. Zetterman complaining of pain. T 1123. 12 Plaintiff reported being positive for fatigue, generalized weakness, lethargy, and urinary 13 incontinence. T 1125. On physical examination, Dr. Zetterman noted that Plaintiff appeared to 14 be in pain and quite stiff, and positive for a depressed mood, a flat affect, and a bit wide based 15 gait with short steps. T 1126. Dr. Zetterman also observed that Plaintiff had significant 16 17 weakness in both legs and clearly walking was significantly painful for him, and that he used a 18 walker for ambulation. T 1126. He was also positive for tenderness to palpation over his lumbar 19 spine as well as thoracic spine and neck. T 1126. 20 C. Opinion Evidence 21 On June 24, 2013, Physical Therapist ("PT") Martina Adam-Mariutto, performed a work 22 capacity evaluation for Dr. Andreassen. T 733-736. PT Martina opined to the following: 23 Plaintiff demonstrated a very poor tolerance for static standing; he demonstrated the ability to 24 25 perform a task for up to 5 minutes, which did not meet the criteria for a job with light or 26 sedentary. T 773. In addition, Plaintiff displayed an antalgic gait, which is a limp adopted so as 27 to avoid pain on weight-bearing structures, characterized by a very short stance phase. T 753. 28 14 6 1 On July 1, 2013, Dr. Andreassen opined Plaintiff would be unable to work a full-time job 2 due to his chronic pain, memory problems, and balance problems, which he suspected to last for 3 more than 12 consecutive months. T 707. 4 5 On December 22, 2014, treating physician Dr. Andreassen issued an opinion in the form 6 of a letter, opining he cannot sit for more than a couple of minutes without moving positions; had 7 difficulty standing and walking; used a cane; and walked with a limp. T 645. He also opined 8 Plaintiff's physical capacity to do most activities were significantly impaired and he appeared to 9 barely be able to take care of his own activities of daily living. T 645. Dr. Andreassen opined 10 11 Plaintiff's mental impairments caused his thinking and understanding to be slow, and that he did 12 not have good concentration. T 645. Dr. Andreassen suspected that Plaintiff was not interacting 13 appropriately with others socially and that his adaptation seemed to be impaired. T 645. In 14 summation, Dr. Andreassen opined that both his physical and mental activities were impaired 15 and thus rendered him a poor candidate for gainful employment and generally unemployable. T 16 17 646. 18 Treating psychiatrist Dr. Barker opined Plaintiff had marked limitations in understanding 19 and memory; marked to extreme limitations in concentration and persistence; marked to extreme 20 limitations in social interaction; and marked to extreme limitations in adaptation. T 771. 21 22 On February 2, 2015, Plaintiff visited with consultative examiner ("CE") Nina E. Wendt, 23 Ph.D., for an evaluation on Plaintiff's mental limitations. T 760. Dr. Wendt indicated that 24 Plaintiff appeared to be in a considerable amount of physical pain, and had difficulty sitting and 25 was rubbing his legs frequently as if they were painful. T 762. His short term memory was 26 impaired and he had difficulty performing serial threes. T 762. He was tearful and reported 27 28 problems with insomnia, feelings of worthlessness, and concentration. T 762. He also reported 15 6 1 severe fatigue almost every day. T 762-763. Dr. Wendt opined that Plaintiff was unable to 2 reason or make occupation, social, or personal adjustments due to his mental health issues, and 3 he spends most of his day in severe pain. T 763. 4 5 On July 30, 2015, Dr. Andreassen opined Plaintiff could never lift or carry more than 1 6 pound; would miss more than 10 days of work per month due to his medical conditions; and 7 would be off tasks 90 percent of the day due to his moderately severe pain. T 784-785. 8 ISSUES PRESENTED 9 1. The RFC is unsupported by substantial evidence because the ALJ improperly 10 determined Plaintiff did not require a walker or cane to ambulate. 11 Throughout her decision, the ALJ improperly engaged in an analysis of the medical 12 evidence that was beyond her purview. This is most noticeably erroneous when she determined 13 Plaintiff did not need an assistive device for ambulation. To quote the ALJ: 14 15 I acknowledge the claimant was recommended a walker around April of 2015 after his reports of trouble with ambulation and walking….Although a walker was 16 recommended by Michael Allen, D.O., little weight is given to this 17 finding…Thus…I concluded that the claimant does not require an assistive device for ambulation. 18 T 28. This determination was an abuse of discretion, as the issue regarding the necessity of an 19 assistive device was not a contentious point within the medical record, nor does the record 20 21 indicate any ambiguity on such an issue. As such, the ALJ overextended her fact-finding duties 22 and improperly incorporated her own lay opinion regarding Plaintiff's need for an ambulatory 23 device. In addition, the reasons the ALJ gives for this determination are rather arbitrary and 24 utterly mischaracterize the medical evidence. Certainly, such a determination is not supported 25 26 by substantial evidence. Because this determination is not only dispositive of the RFC, but 27 possibly dispositive on the issue of disability, the ALJ's finding on the matter is highly erroneous 28 and prejudicial to Plaintiff. 16 6 1 Generally, the ALJ is responsible for "resolving conflicts in medical testimony, and for 2 resolving ambiguities." Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995). However, it is 3 improper for an ALJ to substitute her own opinion for that of a medical profession who 4 5 examined Plaintiff. See Tackett v. Apfel, 180 F.3d 1094, 1102-1103 (9th Cir. 1999) (holding the 6 ALJ may not substitute her own interpretation of the medical evidence for the opinion of medical 7 professionals). See, e.g., Zwolle v. Berryhill, No. 4:16-CV-0030-HRH, 2017 WL 1347666, at *3 8 (D. Alaska Apr. 6, 2017) (J. Holland) ("An ALJ may not substitute his lay opinion ... for that of a 9 professional"). "An ALJ cannot arbitrarily substitute [her] own judgement for competent 10 11 medical opinion, and [s]he must not succumb to the temptation to play doctor and make [her] 12 own independent medical findings." Banks v. Barnhart, 434 F. Supp. 2d 800, 805 (C.D. Cal. 13 2006) (internal quotations marks, alterations, and citations omitted). Thus, if there is no conflict 14 or ambiguity on a matter, the ALJ should not substitute her own opinion on the medical evidence 15 or discount an opinion on that basis. 16 17 Contrary to the ALJ's contention, Plaintiff was not merely "recommended" to use a 18 walker. T 28, 951. Due to Plaintiff's walking/ambulatory difficulties and multiple falls, treating 19 physician Dr. Chambers actually prescribed him a walker with a seat to insure greater safety 20 (emphasis added). T 951. So, the ALJ misrepresented Plaintiff's need for an ambulatory device 21 22 in that regard. T 28. In addition, the ALJ attempted to show some conflict by pointing to 23 treating physician Dr. Spencer's comment in one examination note in the beginning of 2013 to 24 be somehow indicative of Plaintiff's ambulatory difficulties. T 28. However, Dr. Spencer never 25 questioned Plaintiff's use for a cane, and even noted in his exam notes that Plaintiff was slow to 26 transition from sitting to standing and ambulated with a walker. T 365. Dr. Spencer also noted 27 28 in a prior exam that Plaintiff used a cane to ambulate and had a slow and unsteady gait. T 379. 17 6 1 Thus, there was no contradictory evidence in regards to Plaintiff's walker or his need for 2 assistance when ambulating, despite the ALJ's attempt to show as such. Furthermore, almost 3 every other provider noted Plaintiff's need for an ambulatory assistance device within their 4 5 treatment notes. 6 Dr. Barker noted Plaintiff needed assistance with ambulation. T 780. Dr. Spencer noted 7 Plaintiff was positive for an abnormal tandem gait and ambulated with assistance of a cane. T 8 368. Dr. Andreassen also noted Plaintiff was walking with the assistance of a cane. T 681. Dr. 9 Foelsch indicated that upon physical exam, Plaintiff had a slow and antalgic gait; used a cane to 10 11 ambulate; and that his motor exam was remarkable for giveaway weakness in the right upper and 12 lower extremity. T 476. Dr. Wade indicated Plaintiff was positive for mild weakness and 13 ambulated with the assistance of a cane. T 445-446. Dr. Valentz noticed Plaintiff's gait was 14 antalgic and walked with the assistance of a cane, as well as pain upon a straight leg raise test. T 15 491. Dr. Schneider indicated Plaintiff ambulated with a cane. T 468. Dr. Allen recommended 16 17 that Plaintiff continue use his new walker. T 1152. Dr. Chambers observed that Plaintiff was 18 fairly unstable on his feet and that he does ambulate with a cane but has had multiple falls in the 19 past. T 951. Dr. Day noted Plaintiff ambulated with a wheeled walker. T 922. Dr. Zetterman 20 observed that Plaintiff had significant weakness in both legs and clearly walking was 21 22 significantly painful for him, and that he used a walker for ambulation. T 1134-1135. 23 Therefore, the ALJ's determination did not resolve any conflicts, or clarify any 24 ambiguities. T 28. The ALJ improperly substituted her opinion for that of multiple medical 25 professionals who opined that Plaintiff had difficulty walking and needed assistance from a 26 walker. T 28. Clearly, the ALJ's determination that Plaintiff did not need a walker was outside 27 28 the appropriate scope of her review, as there was not even any issue or ambiguity on the matter. 18 6 1 Tackett, 180 F.3d 1094 at 1102-1103. Furthermore, such a determination is clearly not upheld 2 under the substantial evidence standard, considering the vast amount of evidence within the 3 record that contradicts the ALJ's determination. Andrews, 53 F.3d 1035 at 1039 ("To determine 4 5 whether substantial evidence supports the ALJ's decision, we the review the administrative 6 record as a whole, weighing both the evidence that supports and that which detracts from the 7 ALJ's decision"). Evidence regarding Plaintiff's difficulty ambulating is ubiquitous throughout 8 the record, including an antalgic/abnormal/slow/unsteady gait (T 368, 379, 467, 476, 483, 486, 9 491, 511, 630, 753, 917, 1126, 1134), the use of a cane/walker (T 368, 445-446, 468, 476, 491, 10 11 681, 780, 922, 951, 1134-1135, 1152), and Plaintiff's difficulty and pain when walking. T 368, 12 372, 476, 486, 645, 774, 753, 917, 919, 944, 951, 1131. 13 Because the ALJ improperly determined Plaintiff did not require assistance when 14 ambulating, the ALJ's RFC is not supported by substantial evidence. Use of a medically- 15 required hand-held assistive device is a nonexertional limitation that may significantly restrict a 16 17 claimant's RFC and the occupational base. See SSR 96-9p, 1996 WL 374185 at *7. Here, the 18 ALJ's determination (while completely unnecessary in the first place) was unreasonable and the 19 weight of countervailing evidence fully detracts from the validity of her determination. 20 Therefore, remand is required for the ALJ to properly interpret the medical evidence and not 21 22 attempt to resolve conflicts of the medical evidence when there are none. Upon remand, the ALJ 23 should properly consider Plaintiff's ambulatory aid as a necessity and factor this in throughout 24 her decision, including the RFC and final determination of disability. 25 2. The ALJ failed to properly apply the treating physician rule for Dr. Andreassen's 26 opinions. 27 28 19 6 1 The ALJ improperly weighed the medical opinion evidence of treating physician Dr. 2 Andreassen, who issued 3 separate opinions regarding Plaintiff's functional and vocational 3 capacity. The ALJ gave these opinions little weight for several, inadequate reasons. T 30-31. 4 5 Therefore, Dr. Andreassen's opinion should be controlling and Plaintiff should have been found 6 disabled. At the very least, remand is required for the ALJ to properly apply the right standard. 7 A treating opinion is entitled to "controlling weight" if it is (i) "well-supported by 8 medically acceptable clinical and laboratory diagnostic techniques" and if it is (ii) "not 9 inconsistent with the other substantial evidence in the case." 20 C.F.R. § 404.1527(c). Under 10 11 9th Circuit precedent, if a treating opinion is not afforded controlling weight, nor contradicted by 12 another doctor's opinion, the ALJ must provide "clear and convincing" reasons for rejecting the 13 uncontradicted opinion. Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). "Even if a treating 14 physician's opinion is contradicted, the ALJ may not simply disregard it. The ALJ is required to 15 consider the factors set out in 20 C.F.R. § 404.1527(c)(2)-(6) in determining how much weight to 16 17 afford the treating physician's medical opinion." Ghanim, 763 F.3d at 1161 (citing Orn v. Astrue, 18 495 F.3d 625, 631 (9th Cir. 2007)). 19 Here, Dr. Andreassen's opinions should have been entitled to controlling weight because 20 they fully met the criteria of the applicable rules and regulations. 20 C.F.R. § 404.1527. 21 22 Specifically, Dr. Andreassen's opinion on Plaintiff's physical capacity should have been 23 afforded controlling weight, including his opinion that Plaintiff's chronic pain, difficulty 24 ambulating, and his other physical limitations precluded him for working. T 645-646, 707, 784- 25 785. The ALJ does not attempt to explain how Dr. Andreassen's opinions are inconsistent with 26 other substantial evidence, apart from the MRI images she cites that actually support the 27 28 opinions, not contradict them. T 31. In fact, the images the ALJ's cite completely 20 6 1 mischaracterize the objective findings, ignore a magnitude of relevant evidence, and are 2 somewhat self-contradictory. T 31. The ALJ cites the same July 2014 MRI on Plaintiff's 3 lumbar region twice, yet ignores other MRI's and laboratory tests that show no objective 4 5 progression in terms of Plaintiff's postoperative spinal condition. T 31, 631, 962, 1400, 1407. 6 Furthermore, the other images the ALJ cite to show postoperative degenerative changes. T 31, 7 500, 1165. In fact, the ALJ cites to an MRI of Plaintiff's cervical spine dated July 29, 2014, that 8 actually revealed multilevel degenerative changes demonstrating no significant appreciable 9 progression since his surgery, and showing that his degenerative changes were more prominent 10 11 than expected for his age. T 500. These are dramatic findings, as Dr. Zipperer indicated when 12 he reviewed the MRI from July 2014 and observed significant disc bulges and paracentral 13 posterior protrusions at C5-C6, as well as moderate bilateral narrowing at C4-C5. T 962. Thus, 14 the examples provided by the ALJ in no way contradict Dr. Andreassen's opinions. T 31. In 15 fact, they support it. 16 17 Indeed, Dr. Andreassen's opinions are fully consistent with the record and are based upon 18 valid laboratory testing. Dr. Andreaseen referred Plaintiff to a specialized therapist to determine 19 whether Plaintiff's physical impairments did indeed affect his functional and vocational capacity. 20 T 733-736. Therapist Adam-Mariutto completed a functional capacity evaluation at the request 21 22 of Dr. Andreassen. T 731. However, the ALJ does not mention or discuss this evaluation from 23 Therapist Adam-Mariutto, even though it was extremely thorough, detailed, and ostensibly the 24 basis from which Dr. Adnreassen's formed his opinions. T 733-753. In addition, Dr. 25 Andreassen's opinion were also consistent with the treatment records of most of the physicians 26 within the record, particularly Dr. Zetterman's. Specifically, Dr. Zetterman opined Plaintiff 27 28 "clearly is in significant pain and has significant disability from his injuries." T 936. This 21 6 1 opinion is very much consistent and supports the case for giving controlling weight to Dr. 2 Andreassen, yet was not discussed or mentioned by the ALJ, which is error in itself. The ALJ 3 must consider all relevant evidence in the record, and he cannot ignore the evidence that does not 4 5 support his determination. 20 C.F.R. § 404.1520(3); see Gallant v. Heckler, 753 F.2d 1450, 6 1456 (9th Cir. 1984) (The ALJ "cannot reach a conclusion first, and then attempt to justify it by 7 ignoring competent evidence in the record that suggests an opposite result."). Considering the 8 ALJ's failure to discuss Therapist Adam-Mariutto's evaluation, or Dr. Zetterman's opinion, both 9 highly relevant when showing consistency with Dr. Andreassen's opinions, the ALJ erred and 10 11 provided no reason for affording Dr. Andreassen's opinion anything other than controlling 12 weight. 13 Even if Dr. Andreassen's opinions should have been afforded something other than 14 controlling weight, the ALJ failed to weigh the opinions under the relevant standard. The ALJ 15 does not attempt to contradict Dr. Andreassen's opinions with another doctor's opinion, and thus 16 17 was required to provide "clear and convincing" reasons for rejecting them. Lester, 81 F.3d 821 18 at 830. The proffered reasons do not meet this standard. T 30-31. The bulk of the ALJ's 19 reasons for rejecting Dr. Andreassen's opinion are based on a purported theory of normal mental 20 findings and an ability to watch TV, and thus, do not relate to Plaintiff's physical limitations. T 21 22 30, 31. As argued, the images cited by the ALJ do not contradict Dr. Andreassen's opinion and 23 cannot be a valid basis to negate the treating physician rule or support the ALJ's weight 24 determination. Furthermore, the ALJ did not discuss the factors set out in 20 C.F.R. § 25 404.1527(c)(2)-(6). Therefore, the ALJ completely failed to apply the correct standard when 26 weighing Dr. Andreassen's opinion, which should have been given controlling weight. As such, 27 28 Plaintiff should have been found disabled based on Dr. Andreassen's controlling opinion and 22 6 1 remand for calculation of benefits is fully appropriate. At the very least, remand is required for 2 further administrative proceedings for the ALJ to properly apply the right standards when 3 weighing opinion evidence. 4 5 3. The ALJ's Step 2 findings were erroneous and the RFC failed to accommodate for Plaintiff's mental limitations. 6 The ALJ found Plaintiff did not have any severe mental impairments. T 20. In doing so, 7 8 the ALJ discredited every medical opinion that discussed Plaintiff's mental limitations including 9 treating psychiatrist Dr. Barker, treating physician Dr. Andreassen, consultative examiner Dr. 10 Wendt, and non-examining State Agency medical consultant Dr. Winn. T 20, 23-24. Notably, 11 all four medical opinions indicated Plaintiff's mental impairments would affect his functional 12 capacity. T 175, 645, 760-762, 7771. Despite the overwhelming amount of opinion evidence, 13 14 the ALJ failed to find any severe impairments at Step 2 and subsequently failed to include any 15 non-exertional limitations in the RFC. T 25. Both errors require remand. 16 In order to be considered severe, an impairment must cause more than "a slight 17 abnormality…which would have no more than a minimal effect on an individual's ability to 18 19 work." SSR 85-28, 1985 WL 56856 at *2 (January 1, 1985). "Step two is 'a de minimus 20 screening device [used] to dispose of groundless claims,' and an impairment may be found 'not 21 severe only if the evidence establishes a slight abnormality that has no more than minimal effect 22 on an individual's ability to work.'" Jager v. Barnhart, 192 F. App'x 589, 592 (9th Cir. 2006) 23 (citing Webb v. Barnhart, 433 F.3d 683, 686-87 (9th Cir. 2005)(emphasis added)). The burden 24 25 at Step 2 is not very stringent, as these findings are a "de minimus" screening. The fact that four 26 medical sources (including a treating psychiatrist that treated with Plaintiff for over 3 years) all 27 opined that Plaintiff's mental impairments would cause some type of interference with his ability 28 23 6 1 to function is more than enough to meet this standard. Despite the sheer weight of opinion 2 evidence, the ALJ substituted her opinion for theirs and determined Plaintiff's mental 3 impairments did not meet the minimal threshold of severity. T 20. 4 5 Furthermore, the ALJ's lengthy and detailed determinations on the severity of Plaintiff's 6 mental impairments was prejudicial and erroneous. "An overtly stringent application of the 7 severity requirement, however, violates the statute by denying benefits to claimants who do meet 8 the statutory definition of disabled." Corrao v. Shalala, 20 F.3d 943, 949 (9th Cir. 1994) (citing 9 Bowen v. Yuckert, 482 U.S. 137, 156-158 (1987)(O'Connor, J., concurring)(cautioning that 10 11 facially valid regulation should not be applied to deny benefits to the disabled)). Thus, an 12 "impairment may be found not severe only when evidence establishes a slight abnormality that 13 has no more than a minimal effect on an individual's ability to work." Corrao, 20 F.3d 943 at 14 949 (internal quotations and citations omitted) (emphasis added). Plaintiff sufficiently met this 15 standard, as indicated by the totality of the medical opinion evidence regarding Plaintiff's mental 16 17 impairments. T 175, 645, 760-762, 7771. However, the ALJ ignored these opinions and 18 vigorously argued that Plaintiff's mental impairments were not severe by superfluously citing 19 evidence to discredit the mental medical opinions. T 21-24. Yet these analyses are not reflective 20 of the appropriate standard and their conclusions are not indicative of non-severity. 21 22 This Step 2 error cannot be construed as harmless because the ALJ failed to incorporate 23 Plaintiff's mental impairments throughout the rest of the 5-Step sequential process. See, e.g., 24 Hubbard v. Astrue, 371 F.App'x 785, 787 (9th Cir. 2010) (holding a failure at Step 2 is only 25 harmless if the ALJ considered the impairment later in the sequential analysis). An error at Step 26 2 is not harmless when the ALJ fails to consider non-severe impairments in the RFC or in later 27 28 steps. See McLeod v. Astrue, 640 F.3d 881, 886-889 (9th Cir. 2011) (failures at Step 2 are 24 6 1 deemed harmless because the rules and regulations require the ALJ to consider severe and non- 2 severe impairments throughout the sequential 5-Step process); 20 C.F.R. §§ 404.1523, 1520(e); 3 SSR 96-8p, 1996 WL 362207 at *34477 (July 2, 1996) (requiring ALJ's crafting RFCs to 4 5 "consider limitations and restrictions imposed by all of an individual's impairments, even those 6 that are not 'severe'"). Because the ALJ did not account for Plaintiff's mental impairments with 7 non-exertional limitations within the RFC, her errors at Step-2 were not harmless and warrant 8 remand. 9 Whether the ALJ's weight determinations (regarding the four mental medical opinions) 10 11 are supported by substantial evidence is not an issue, nor can they be reasoned to validate the 12 ALJ's Step 2 findings or the RFC. The ALJ improperly applied an overtly stringent and 13 redundant standard when gauging the severity of Plaintiff's impairments and her failure to 14 include them in her RFC (either as severe or non-severe) are the errors at hand and were 15 prejudicial to Plaintiff. Therefore, this case should be remanded for further administrative 16 17 proceedings for the ALJ to properly apply the correct legal standard and consider all of 18 Plaintiff's impairments at each appropriate step. 19 CONCLUSION 20 For the foregoing reasons, it is respectfully requested that the Commissioner's decision 21 22 be reversed, and that this matter be remanded for a calculation of benefits. In the alternative, it is 23 respectfully requested that the ALJ's decision be vacated, and this matter be remanded for 24 further proceedings, including a de novo hearing and new decision. 25 Respectfully submitted, 26 /s/Edward A. Wicklund 27 Edward A. Wicklund, Esq. 28 Attorney for Plaintiff 25 6 1 CERTIFICATE OF SERVICE 2 This is to certify that I have this day served counsel for the Defendant with Plaintiff's 3 Memorandum of Law by electronically filing the foregoing with the Clerk of the Court by using the CM/ECF system which will send electronic notification of such filing to: 4 5 Bryan Schroder Leisa A. Wolf 6 This 28th day of February, 2018. 7 8 /s/ Edward A. Wicklund 9 Edward A. Wicklund, Esq. Attorney for Plaintiff 10 Olinsky Law Group 11 300 South State Street, Suite 420 Syracuse, New York 13202 12 Telephone: (315) 701-5780 Fax: (315) 701-5781 13 twicklund@windisability.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26 6

MOTION to Remand to Social Security Administration Stipulated 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 KENNETH C. RUNDLE, III, Case No. 4:17-cv-00027-HRH 16 Plaintiff, 17 STIPULATED MOTION FOR REMAND vs. 18 NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. The parties, acting through their respective counsel, hereby stipulate and agree that the 21 above-captioned case be reversed and remanded for further administrative proceedings including 22 a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, an administrative 23 24 Page 1 STIPULATED MOTION FOR REMAND - [4:17-cv-00027-HRH] 1 law judge (ALJ) shall further develop the record, update the medical records, and issue a new 2 decision. The ALJ shall also: 3  As part of the further development of the record, evaluate whether Plaintiff became 4 disabled at any point through his date last insured;  Obtain evidence from a medical expert to testify as to the nature and severity of 5 Plaintiff's mental impairments;  Reevaluate the medical evidence, including the opinion evidence; 6  Reevaluate the complaints of pain and limitations, especially the need for an assistive device; 7  Reassess Plaintiff's physical and mental residual functional capacity;  Revaluate whether he could still perform his past relevant work or other job existing in 8 the national economy, despite his limitations; and  Reassess the remaining steps of the sequential evaluation process, obtaining 9 supplemental vocational expert testimony. 10 The parties agree that reasonable attorney fees will be awarded under the Equal Access to Justice 11 Act, 28 U.S.C. § 2412, upon proper request to the Court. 12 DATED this 30th day of April 2018. 13 Respectfully submitted, 14 s/Leisa A. Wolf LEISA A. WOLF 15 Special Assistant United States Attorney Office of the General Counsel 16 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 17 Seattle, WA 98104-7075 Telephone: (206) 615-3621 18 Fax: (206) 615-2531 leisa.wolf@ssa.gov 19 DATED this 30th day of April 2018. 20 s/Leisa A. Wolf for 21 EDWARD A. WICKLUND Attorney for Plaintiff 22 (Per Authorization) 23 24 Page 2 STIPULATED MOTION FOR REMAND - [4:17-cv-00027-HRH] 1 2 3 4 CERTIFICATE OF SERVICE 5 I hereby certify that the foregoing Stipulated Motion for Remand was filed with the Clerk 6 of the Court on April 30, 2018, using the CM/ECF system, which will send notification of such 7 filing to the following: Edward A. Wicklund. 8 s/Leisa A. Wolf 9 LEISA A. WOLF Special Assistant United States Attorney 10 Office of the General Counsel 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 3 STIPULATED MOTION FOR REMAND - [4:17-cv-00027-HRH]

Proposed Order

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE 8 DISTRICT OF ALASKA 9 KENNETH C. RUNDLE, III, Civil No. 4:17-cv-00027-HRH 10 Plaintiff, 11 vs. PROPOSED JUDGMENT AND ORDER OF REMAND 12 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 13 Defendant. 14 Based on the stipulation of the parties, it is ORDERED that the case be REVERSED and 15 REMANDED for further administrative proceedings including a de novo hearing pursuant to 16 sentence four of 42 U.S.C. § 405(g). On remand, an administrative law judge (ALJ) shall further 17 develop the record, update the medical records, and issue a new decision. The ALJ shall also: 18  As part of the further development of the record, evaluate whether Plaintiff became disabled at any point through his date last insured; 19  Obtain evidence from a medical expert to testify as to the nature and severity of Plaintiff's mental impairments; 20  Reevaluate the medical evidence, including the opinion evidence;  Reevaluate the complaints of pain and limitations, especially the need for an 21 assistive device;  Reassess Plaintiff's physical and mental residual functional capacity; 22  Revaluate whether he could still perform his past relevant work or other job existing in the national economy, despite his limitations; and 23  Reassess the remaining steps of the sequential evaluation process, obtaining supplemental vocational expert testimony. 24 Page 1 PROPOSED JUDGMENT AND ORDER OF REMAND - [4:17-cv-00027-HRH] 1 2 The parties agree that reasonable attorney fees will be awarded under the Equal Access to Justice 3 Act, 28 U.S.C. § 2412, upon proper request to the Court. 4 DATED this _____ day of, 2018. 5 ___________________________________ 6 UNITED STATES DISTRICT JUDGE Presented by: 7 s/ Leisa A. Wolf 8 LEISA A. WOLF Special Assistant U.S. Attorney 9 Office of the General Counsel Social Security Administration 10 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 11 Telephone: (206) 615-3621 Fax: (206) 615-2531 12 leisa.wolf@ssa.gov 13 14 15 16 17 18 19 20 21 22 23 24 Page 2 PROPOSED JUDGMENT AND ORDER OF REMAND - [4:17-cv-00027-HRH]

JUDGMENT AND ORDER OF REMAND: This case is reversed and remanded for further administrative proceedings. Signed by Judge H. Russel Holland on 5/1/18. (Additional attachment(s) added on 8/20/2018: # (1) Judgment with attorney fees and costs added)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III,)) Plaintiff,)) vs.)) NANCY A. BERRYHILL, Deputy) Commissioner for Operations, Social Security) Administration,) No. 4:17-cv-0027-HRH) Defendants.) _______________________________________) JUDGMENT AND ORDER OF REMAND Based on the stipulation of the parties,1 filed April 30, 2018, it is ordered that the case is reversed and remanded for further administrative proceedings, including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, an administrative law judge (ALJ) shall further develop the record, update the medical records, and issue a new decision. The ALJ shall also: • As part of the further development of the record, evaluate whether plaintiff became disabled at any point through his date last insured; • Obtain evidence from a medical expert to testify as to the nature and severity of plaintiff's mental impairments; • Reevaluate the medical evidence, including the opinion evidence; 1 Docket No. 20. JUDGMENT AND ORDER OF REMAND -1- • Reevaluate the complaints of pain and limitations, especially the need for an assistive device; • Reassess plaintiff's physical and mental residual functional capacity; • Reevaluate whether he could still perform his past relevant work or other job existing in the national economy, despite his limitations; and • Reassess the remaining steps of the sequential evaluation process, obtaining supplemental vocational expert testimony. The parties agree that reasonable attorney fees will be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the court. DATED at Anchorage, Alaska, this 1st day of May, 2018. /s/ H. Russel Holland United States District Judge JUDGMENT AND ORDER OF REMAND -2-

Notice of Appearance

BRYAN SCHRODER United States Attorney RICHARD L. POMEROY Assistant U.S. Attorney 222 West Seventh Avenue, #9 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-2344 E-mail: Richard.Pomeroy@usdoj.gov Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA) KENNETH CHARLES RUNDLE III) Case No. 4:17-cv-00027-HRH) Plaintiff,)) v.) NOTICE OF APPEARANCE) NANCY A. BERRYHILL, Acting) Commissioner of Social Security))) Defendant.)) Richard L. Pomeroy, Assistant U.S. Attorney, hereby enters his appearance as an attorney of record for Nancy A. Berryhill, Acting Commissioner of Social Security, in the above-entitled matter and requests that copies of all pleadings filed be directed to him. RESPECTFULLY SUBMITTED, on July 6, 2018, in Anchorage, Alaska. BRYAN SCHRODER United States Attorney s/Richard L. Pomeroy Assistant U.S. Attorney Attorney for the Defendant CERTIFICATE OF SERVICE I hereby certify that on July 6, 2018, a copy of the foregoing was served electronically to: Edward A. Wicklund s/Richard L. Pomeroy Rundle v. Nancy A. Berryhill Case No. 4:17-cv-00027-HRH

Attorney Fees

Edward A. Wicklund, Esq. Attorney for Plaintiff Pro hoc vice Olinsky Law Group 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: twicklund@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Plaintiff, Case No. 4:17-cv-0027-HRH v- NANCY A. BERRYHILL, ACTING 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, Edward A. Wicklund, 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. 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 July 30, 2018 Respectfully submitted, /s/ Edward A. Wicklund Edward A. Wicklund, Esq. Attorney for Plaintiff Pro hoc vice Olinsky Law Group 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: twicklund@windisability.com To: Richard L. Pomeroy, Esq. Assistant U.S. Attorney 222 West Seventh Avenue, #9 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-2344 E-mail: Richard.Pomeroy@usdoj.gov

Proposed Order

UNITED STATES DISTRICT COURT DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Plaintiff, Case No. 4:17-CV-0027-HRH -v- NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. ----------------------------------------------------------- (Proposed) Order Awarding Attorney's Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) Before the Court is the Motion of Plaintiff, Kenneth Charles Rundle, III, for award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the position of the defendant commissioner, if any, and recognizing the Plaintiff's waiver of direct payment and assignment of EAJA to her counsel, IT IS HEREBY ORDERED that attorney fees and expenses in the total amount of Five Thousand Seven Hundred Sixty-Four Dollars and Thirty-Four Cents ($5,764.34) 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 $$5,748.56 for paralegal and attorney's fees under 28 U.S.C. § 2412(d); 2. Plaintiff is awarded $15.78 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 and expenses are not subject to offset allowed under the Department of the Treasury's Offset Program (TOPS), then the check for EAJA fees and expenses shall be made payable to Plaintiff's attorney, Edward A. Wicklund. Whether the check is made payable to Plaintiff or to Edward A. Wicklund, the check shall be mailed to Howard D. Olinsky at the following address: 300 South State Street Suite 420 Syracuse, NY 13202 So ordered. Date: ________________ ______________________________ H. Russel Holland United States District Judge [proposed Order proffer: Edward A. Wicklund; copy to Richard Pomeroy]

Declaration

Edward A. Wicklund, Esq. Attorney for Plaintiff Pro hoc vice Olinsky Law Group 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: twicklund@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Plaintiff, Case No. 4:17-cv-0027-HRH v- NANCY A. BERRYHILL, ACTING 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 ________________________________________ Edward A. Wicklund, 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. 4. The Court ordered on May 1, 2018 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 $196.79 for attorney time completed in 2017 and an hourly rate of $200.78 for attorney time completed in the first half of 2018. 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 the 2017 rate for 2.2 hours of work performed the total is $432.94, if attorney fees are calculated at the first half of 2018 rate for 23.8 hours of work performed they total $4,778.56. 6. I am also requesting $100.00 per hour for 9.7 hours of paralegal time equaling $970.00. I am requesting $5,748.56 for Counsel fees which includes both attorney and paralegal time. 7. 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 in 2017 (Exhibit B); the total compensable time spent by all attorneys in 2018 (Exhibit C) the total compensable time spent by paralegals (Exhibit D). The attorneys involved in this case are as follows: Howard D. Olinsky, Esq., and Edward A. Wicklund, Esq. The paralegals involved in working on this case are as follows: Shannon Persse, Michelle Callahan, Michael Smith, Jonnah Graser, Kyrsten Gifford, and Moira Deutch. 8. I am requesting reimbursement of expenses in the amount $15.78 for Certified Mail for service of the summons and complaint as shown in Exhibit E. 9. 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. 10. Attached is the Fee Agreement duly executed by the plaintiff (Exhibit F). Waiver of Direct Payment of EAJA Fees 11. Attached is an Affidavit and Waiver of Direct Payment duly executed by the plaintiff (Exhibit G). 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 July 30, 2018 Respectfully submitted, /s/ Edward A. Wicklund Edward A. Wicklund, Esq. Attorney for Plaintiff Pro hoc vice Olinsky Law Group 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: twicklund@windisability.com To: Richard L. Pomeroy, Esq. Assistant U.S. Attorney 222 West Seventh Avenue, #9 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-2344 E-mail: Richard.Pomeroy@usdoj.gov

Exhibit A-All Professional Time

Exhibit A Ledger Rundle, III, Kenneth Charles Date  Subject Hours Timekeeper 9/22/2017 Files received, reviewed and processed from referral source for Attorney review 0.6 Gifford, Kyrsten 9/22/2017 Correspondence to Client re: Referral acknowledgment letter 0.2 Gifford, Kyrsten 9/29/2017 Telephone call with Client re: Debt check, explained fdc process and EAJA 0.4 Graser, Jonnah 10/3/2017 Review matter to determine whether to take case to federal court 1 Wicklund, Edward A. 10/4/2017 Telephone conf. w/ Client re: IFP Completion 0.4 Graser, Jonnah 10/4/2017 FDC Prospect Packet prepared for client completion 0.6 Graser, Jonnah 10/4/2017 FDC Prospect Packet sent via Right Signature 0.2 Graser, Jonnah 10/5/2017 FDC Prospect Packet returned via Right Signature, reviewed for completion 0.3 Graser, Jonnah 10/11/2017 Draft complaint, proposed summons, civil cover sheet 0.6 Wicklund, Edward A. 10/11/2017 Review in forma pauperis application, approve for filing 0.2 Wicklund, Edward A. 10/12/2017 Email correspondence with clerk re: Case opening 0.1 Smith, Michael P. 10/12/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Smith, Michael P. 10/13/2017 Draft and file motion to appear Pro Hac Vice 0 Wicklund, Edward A. 10/16/2017 Review text order granting motion to appear Pro Hac Vice 0 Wicklund, Edward A. 10/16/2017 Review summons issued (text notice only) 0.1 Wicklund, Edward A. 10/16/2017 Reviewed order directing service 0.1 Wicklund, Edward A. 11/2/2017 Federal Court-Service of Process- Prepare Service packets USAO, OGC, AG 0.6 Callahan, Michelle 11/14/2017 Review summons executed, record answer due date for monitoring 0.2 Wicklund, Edward A. 12/21/2017 Telephone call w/client re: Status Update 0.2 Graser, Jonnah 1/3/2018 Email correspondence w/OC re: Extension request to file Answer, no obj. 0.1 Wicklund, Edward A. 1/4/2018 Review notice of appearance by Leisa A. Wolf o/b/o Nancy A. Berryhill 0.1 Wicklund, Edward A. 1/4/2018 Review motion and proposed order re: Extension request to file answer by OC 0.1 Wicklund, Edward A. 1/8/2018 Review order granting extension of time request to Defendant 0.1 Wicklund, Edward A. 1/30/2018 Review answer to complaint 0.1 Wicklund, Edward A. 1/31/2018 Review scheduling order, calendar deadlines on task pad 0.3 Wicklund, Edward A. 1/31/2018 Review docket annotation re: Opening Brief Motion Misc. Relief, make note 0.1 Wicklund, Edward A. 2/1/2018 Note CAR has been lodged 0.1 Wicklund, Edward A. 2/1/2018 Combine, OCR, and live bookmark Federal Court Transcript (1677 pages) 1.7 Graser, Jonnah 2/22/2018 Review certified administrative record and take notes 1 Olinsky, Howard D. 2/23/2018 Continue reviewing CAR, taking notes, organizing facts 5 Olinsky, Howard D. 2/26/2018 Drafting procedural section, and drafting facts 8 Olinsky, Howard D. 2/27/2018 Researching legal issues, drafting argument 5.5 Olinsky, Howard D. 2/28/2018 Peer attorney review, edit and review, suggest further editing 0.9 Wicklund, Edward A. 2/28/2018 Implemented edits, finalized, and filed (n/c for filing) 1 Olinsky, Howard D. 3/2/2018 Correspondence to client re: Plaintiff Brief filed 0.3 Graser, Jonnah 3/22/2018 Telephone conf. w/client re: Status 0.3 Graser, Jonnah 3/27/2018 Telephone call re: reiterating conversation w/Paralegal last week w/ client 0.3 Persse, Shannon 3/29/2018 Email correspondence w/OC re: Extension request to file response brief, no obj. 0.1 Wicklund, Edward A. 3/30/2018 Review motion/declaration for extension of time to file repsonse brief 0.1 Wicklund, Edward A. 4/2/2018 Review order granting Defendant's extension of time to file brief request 0.1 Wicklund, Edward A. 4/30/2018 Email correspondence w/OC re: Proposed stipulation for remand 0.1 Wicklund, Edward A. 4/30/2018 Review proposed stipulation for remand 0.1 Wicklund, Edward A. 35.70  (Type = Time) and (Client = Mr. Kenneth Charles Rundle, III)    Date  Subject Hours Timekeeper 4/30/2018 Email correspondence w/ OC re: Approve proposed stipulation for remand 0.1 Wicklund, Edward A. 4/30/2018 Review filed motion to remand and proposed order 0.1 Wicklund, Edward A. 5/1/2018 Review Judgment and Order of Remand 0.1 Wicklund, Edward A. 5/14/2018 Telephone conf. to client re: Remand, left vm 0.3 Graser, Jonnah 5/14/2018 Federal Court-Remand Referral back to Referral Source 0.3 Graser, Jonnah 5/14/2018 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 7/10/2018 Review notice of appearance by Richard L. Pomeroy o/b/o Nancy A. Berryhill 0.1 Wicklund, Edward A. 7/28/2018 EAJA Preparation 1.5 Graser, Jonnah 7/28/2018 Review Timeslips Finalize EAJA Motion 0.5 Olinsky, Howard D. 7/30/2018 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Graser, Jonnah 35.70  (Type = Time) and (Client = Mr. Kenneth Charles Rundle, III)   

Exhibit B- 2017 Attorney Time

Exhibit B Ledger Rundle, III, Kenneth Charles Date  Subject Hours Timekeeper 10/3/2017 Review matter to determine whether to take case to federal court 1 Wicklund, Edward A. 10/11/2017 Draft complaint, proposed summons, civil cover sheet 0.6 Wicklund, Edward A. 10/11/2017 Review in forma pauperis application, approve for filing 0.2 Wicklund, Edward A. 10/13/2017 Draft and file motion to appear Pro Hac Vice 0 Wicklund, Edward A. 10/16/2017 Review text order granting motion to appear Pro Hac Vice 0 Wicklund, Edward A. 10/16/2017 Review summons issued (text notice only) 0.1 Wicklund, Edward A. 10/16/2017 Reviewed order directing service 0.1 Wicklund, Edward A. 11/14/2017 Review summons executed, record answer due date for monitoring 0.2 Wicklund, Edward A. 2.20  (Client = Mr. Kenneth Charles Rundle, III) and (Type = Time) and ((Timekeeper = Olinsky, Howard D.) or (Timekeeper = Wicklund, Edward A.)) and ...   

Exhibit C- 2018 Attorney Time

Exhibit C Ledger Rundle, III, Kenneth Charles Date  Subject Hours Timekeeper 1/3/2018 Email correspondence w/OC re: Extension request to file Answer, no obj. 0.1 Wicklund, Edward A. 1/4/2018 Review notice of appearance by Leisa A. Wolf o/b/o Nancy A. Berryhill 0.1 Wicklund, Edward A. 1/4/2018 Review motion and proposed order re: Extension request to file answer by OC 0.1 Wicklund, Edward A. 1/8/2018 Review order granting extension of time request to Defendant 0.1 Wicklund, Edward A. 1/30/2018 Review answer to complaint 0.1 Wicklund, Edward A. 1/31/2018 Review scheduling order, calendar deadlines on task pad 0.3 Wicklund, Edward A. 1/31/2018 Review docket annotation re: Opening Brief Motion Misc. Relief, make note 0.1 Wicklund, Edward A. 2/1/2018 Note CAR has been lodged 0.1 Wicklund, Edward A. 2/22/2018 Review certified administrative record and take notes 1 Olinsky, Howard D. 2/23/2018 Continue reviewing CAR, taking notes, organizing facts 5 Olinsky, Howard D. 2/26/2018 Drafting procedural section, and drafting facts 8 Olinsky, Howard D. 2/27/2018 Researching legal issues, drafting argument 5.5 Olinsky, Howard D. 2/28/2018 Peer attorney review, edit and review, suggest further editing 0.9 Wicklund, Edward A. 2/28/2018 Implemented edits, finalized, and filed (n/c for filing) 1 Olinsky, Howard D. 3/29/2018 Email correspondence w/OC re: Extension request to file response brief, no obj. 0.1 Wicklund, Edward A. 3/30/2018 Review motion/declaration for extension of time to file repsonse brief 0.1 Wicklund, Edward A. 4/2/2018 Review order granting Defendant's extension of time to file brief request 0.1 Wicklund, Edward A. 4/30/2018 Email correspondence w/OC re: Proposed stipulation for remand 0.1 Wicklund, Edward A. 4/30/2018 Review proposed stipulation for remand 0.1 Wicklund, Edward A. 4/30/2018 Email correspondence w/ OC re: Approve proposed stipulation for remand 0.1 Wicklund, Edward A. 4/30/2018 Review filed motion to remand and proposed order 0.1 Wicklund, Edward A. 5/1/2018 Review Judgment and Order of Remand 0.1 Wicklund, Edward A. 7/10/2018 Review notice of appearance by Richard L. Pomeroy o/b/o Nancy A. Berryhill 0.1 Wicklund, Edward A. 7/28/2018 Review Timeslips Finalize EAJA Motion 0.5 Olinsky, Howard D. 23.80  (Client = Mr. Kenneth Charles Rundle, III) and (Type = Time) and ((Timekeeper = Olinsky, Howard D.) or (Timekeeper = Wicklund, Edward A.)) and ...   

Exhibit D- Paralegal Time

Exhibit D Ledger Rundle, III, Kenneth Charles Date  Subject Hours Timekeeper 9/22/2017 Files received, reviewed and processed from referral source for Attorney review 0.6 Gifford, Kyrsten 9/22/2017 Correspondence to Client re: Referral acknowledgment letter 0.2 Gifford, Kyrsten 9/29/2017 Telephone call with Client re: Debt check, explained fdc process and EAJA 0.4 Graser, Jonnah 10/4/2017 FDC Prospect Packet prepared for client completion 0.6 Graser, Jonnah 10/4/2017 FDC Prospect Packet sent via Right Signature 0.2 Graser, Jonnah 10/4/2017 Telephone conf. w/ Client re: IFP Completion 0.4 Graser, Jonnah 10/5/2017 FDC Prospect Packet returned via Right Signature, reviewed for completion 0.3 Graser, Jonnah 10/12/2017 Email correspondence with clerk re: Case opening 0.1 Smith, Michael P. 10/12/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Smith, Michael P. 11/2/2017 Federal Court-Service of Process- Prepare Service packets USAO, OGC, AG 0.6 Callahan, Michelle 12/21/2017 Telephone call w/client re: Status Update 0.2 Graser, Jonnah 2/1/2018 Combine, OCR, and live bookmark Federal Court Transcript (1677 pages) 1.7 Graser, Jonnah 3/2/2018 Correspondence to client re: Plaintiff Brief filed 0.3 Graser, Jonnah 3/22/2018 Telephone conf. w/client re: Status 0.3 Graser, Jonnah 3/27/2018 Telephone call re: reiterating conversation w/Paralegal last week w/ client 0.3 Persse, Shannon 5/14/2018 Telephone conf. to client re: Remand, left vm 0.3 Graser, Jonnah 5/14/2018 Federal Court-Remand Referral back to Referral Source 0.3 Graser, Jonnah 5/14/2018 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 7/28/2018 EAJA Preparation 1.5 Graser, Jonnah 7/30/2018 Ready EAJA Narrative, Time Records, Exhibits, Certificate. File per Local Rule 0.9 Graser, Jonnah 9.70  (Client = Mr. Kenneth Charles Rundle, III) and (Type = Time) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Graser, Jonnah) or (Timeke...   

Exhibit E- Expenses

Exhibit E Ledger Rund le, II, Kenneth Charles Date W Subject Fe de ral Court - Service of Process - Pre pare Se rvice pac ke ts USAO, OGC, AG Amount Time ke e per $ 15. 78Callahan, Mic he lle 11 / 2 / 2017 $ 15. 78

Exhibit F- Fee Agreement

Exhibit F 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 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 the 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. 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 Law Offices of Ogle, Elrod, & Baril 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 Law Offices of Ogle, Elrod, & Baril. 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: October 4, 2017 Signature: __________________________________ Claimant Name: Mr. Kenneth Charles Rundle, III Claimant Social Security Number: 339-80-7716 Dated: __________ Signature: ___________________________________ Howard D. Olinsky, Esq.

Exhibit G-Affirmation and Waiver of Direct payment of EAJA fees

Exhibit G UNITED STATES DISTRICT COURT DISTRICT OF ALASKA (FAIRBANKS DIVISION) -------------------------------------------------------------- MR. KENNETH CHARLES RUNDLE, III, AFFIRMATION AND WAIVER OF DIRECT PAYMENT Plaintiff, OF EAJA FEES v. Civil Action No.: _________________ NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. --------------------------------------------------------------- Mr. Kenneth Charles Rundle, III, 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 October 4, 2017. __________________________ Mr. Kenneth Charles Rundle, III Plaintiff

Memorandum in Support

Edward A. Wicklund, Esq. Attorney for Plaintiff Pro hoc vice Olinsky Law Group 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: twicklund@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Plaintiff, Case No. 4:17-cv-0027-HRH v- NANCY A. BERRYHILL, ACTING 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 (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 Plaintiff and Stipulation of the Parties, Chief District Judge H. Russel Holland signed an Order on May 1, 2018 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 May 1, 2018. 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: 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,748.56; 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 $15.78. I declare under the penalty of perjury that the foregoing is true and correct. Executed this July 30, 2018 Respectfully submitted, /s/ Edward A. Wicklund Edward A. Wicklund, Esq. Attorney for Plaintiff Pro hoc vice Olinsky Law Group 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: twicklund@windisability.com To: Richard L. Pomeroy, Esq. Assistant U.S. Attorney 222 West Seventh Avenue, #9 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-2344 E-mail: Richard.Pomeroy@usdoj.gov

Certificate of Service

Edward A. Wicklund, Esq. Attorney for Plaintiff Pro hoc vice Olinsky Law Group 300 South State Street, Suite 420 Syracuse, New York 13202 Telephone: (315) 701-5780 Fax: (315) 701-5781 Email: twicklund@windisability.com UNITED STATES DISTRICT COURT DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III, Plaintiff, Case No. 4:17-cv-0027-HRH v- NANCY A. BERRYHILL, ACTING 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: Richard L. Pomeroy, Esq. Assistant U.S. Attorney 222 West Seventh Avenue, #9 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-2344 E-mail: Richard.Pomeroy@usdoj.gov July 30, 2018 /s/ Edward A. Wicklund Edward A. Wicklund, Esq.

Response to Motion (Non-Opposition)

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 KENNETH CHARLES RUNDLE, III, Case No. 4:17-cv-0027-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 #23). 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 - [4:17-cv-0027-HRH] 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 13th day of August 2018. 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 - [4:17-cv-0027-HRH] 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 August 13, 2018, using the CM/ECF 5 system, which will send notification of such filing to the following: Edward A. Wicklund. 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 - [4:17-cv-0027-HRH]

Order on Motion for Attorney Fees

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA KENNETH CHARLES RUNDLE, III,)) Plaintiff,)) vs.)) NANCY A. BERRYHILL, Deputy) Commissioner for Operations, Social Security) Administration,) No. 4:17-cv-0027-HRH) Defendants.) _______________________________________) ORDER Motion for Award of Attorney Fees1 Before the court is the motion of plaintiff, Kenneth Charles Rundle, III, for an award of attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the position of the defendant commissioner, if any, and recognizing the plaintiff's waiver of direct payment and assignment of EAJA to her counsel, IT IS HEREBY ORDERED that attorney fees and expenses in the total amount of Five Thousand, Seven Hundred Sixty-Four Dollars and Thirty-Four Cents ($5,764.34) 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. 23. ORDER – Award of Attorney Fees -1- (1) Plaintiff is awarded $5,748.56 for paralegal and attorney fees under 28 U.S.C. § 2412(d); and (2) Plaintiff is awarded $15.78 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 and expenses are not subject to offset allowed under the Department of the Treasury's Offset Program (TOPS), then the check for EAJA fees and expenses shall be made payable to plaintiff's attorney, Edward A. Wicklund. Whether the check is made payable to plaintiff or to Edward A. Wicklund, the check shall be mailed to Howard D. Olinsky at the following address: 300 South State Street - Suite 420 Syracuse, NY 13202 DATED at Anchorage, Alaska, this 15th day of August, 2018. /s/ H. Russel Holland United States District Judge ORDER – Award of Attorney Fees -2-

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Description
1
10/12/2017
COMPLAINT against Nancy A. Berryhill, filed by Kenneth Charles Rundle, III.
1
Exhibit A
1 Attachment
2
10/12/2017
Civil Cover Sheet.
3
10/12/2017
MOTION for Leave to Proceed in forma pauperis by Kenneth Charles Rundle, III.
4
10/12/2017
Unissued summons re Defendant Nancy A. Berryhill
1
Unissued Summons re Defendant U.S. Attorney General
2
Unissued Summons re Defendant U.S. Attorney's Office
2 Attachments
5
10/13/2017
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Edward A. Wicklund. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2406721.) by Kenneth Charles Rundle, III.
1
Certificate of Good Standing
1 Attachment
6
10/16/2017
ORDER granting 5 Motion for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney re Edward A. Wicklund. Modified on 10/16/2017 to correct attorney name
7
10/16/2017
ORDER DIRECTING SERVICE AND RESPONSE: The Application to Waive Filing Fee, at docket 3, is GRANTED. Service of Process to be completed within 90 days of the date the Complaint was filed. Signed by Judge H. Russel Holland on 10/16/17.
10/16/2017
Summons Issued as to Nancy A. Berryhill, U.S. Attorney, and U.S. Attorney General (Text entry; no document attached.)
8
11/14/2017
SUMMONS Returned Executed by Kenneth Charles Rundle, III. Nancy A. Berryhill served on 11/7/2017, answer due 1/8/2018.
9
01/04/2018
NOTICE of Appearance by Leisa A. Wolf on behalf of Nancy A. Berryhill
10
01/04/2018
MOTION for Extension of Time to File Answer re 1 Complaint Unopposed by Nancy A. Berryhill.
1
Proposed Order
1 Attachment
11
01/04/2018
DECLARATION of Leisa A. Wolf re 10 MOTION for Extension of Time to File Answer re 1 Complaint Unopposed by Nancy A. Berryhill.
12
01/05/2018
ORDER: granting 10 Motion for Extension of Time to Answer. Nancy A. Berryhill answer due 2/7/2018.
13
01/29/2018
ANSWER to 1 Complaint by Nancy A. Berryhill.
14
01/29/2018
Notice of Lodging Administrative Record
1
Certification Page
2
Court Transcript Index
3
Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable
4
Payment Documents and Decisions
5
Jurisdictional Documents and Notices
6
Non Disability Related Development
7
Disability Related Development
8
Medical Records Part 1
9
Medical Records Part 2
10
Medical Records Part 3
11
Medical Records Part 4
12
Medical Records Part 5
13
Medical Records Part 6
14
Medical Records Part 7
15
Medical Records Part 8
16
Medical Records Part 9
17
Medical Records Part 10
17 Attachments
15
01/30/2018
SOCIAL SECURITY SCHEDULING ORDER. See order for deadlines. Signed by Judge H. Russel Holland on 1/30/18.
01/30/2018
Docket Annotation: For the purpose of tracking the briefing as ordered at docket 15, 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.)
16
02/28/2018
MEMORANDUM in Support of Social Security Appeal w COS by Kenneth Charles Rundle, III. Modified on 3/2/2018 to change to a motion event
17
03/29/2018
MOTION for Extension of Time to File Response/Reply as to 16 MOTION Unopposed by Nancy A. Berryhill.
1
Proposed Order
1 Attachment
18
03/29/2018
DECLARATION of Leisa A. Wolf re 17 MOTION for Extension of Time to File Response/Reply as to 16 MOTION Unopposed by Nancy A. Berryhill.
19
03/30/2018
ORDER granting 17 Motion for Extension of Time to File Response/Reply. Responses due by 4/30/2018 Replies due by 5/14/2018.
20
04/30/2018
MOTION to Remand to Social Security Administration Stipulated by Nancy A. Berryhill.
1
Proposed Order
1 Attachment
21
05/01/2018
JUDGMENT AND ORDER OF REMAND: This case is reversed and remanded for further administrative proceedings. Signed by Judge H. Russel Holland on 5/1/18. (Additional attachment(s) added on 8/20/2018: # (1) Judgment with attorney fees and costs added)
22
07/06/2018
Notice of Appearance
23
07/30/2018
Attorney Fees
1
Proposed Order
1 Attachment
24
07/30/2018
Declaration
1
Exhibit A-All Professional Time
2
Exhibit B- 2017 Attorney Time
3
Exhibit C- 2018 Attorney Time
4
Exhibit D- Paralegal Time
5
Exhibit E- Expenses
6
Exhibit F- Fee Agreement
7
Exhibit G-Affirmation and Waiver of Direct payment of EAJA fees
8
Memorandum in Support
9
Certificate of Service
9 Attachments
25
08/13/2018
Response to Motion (Non-Opposition)
26
08/15/2018
Order on Motion for Attorney Fees
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