Sharp v. Commissioner of Social Security Administration
Court Docket Sheet

District of Arizona

3:2017-cv-08209 (azd)

COMPLAINT filed by Gary N Sharp, Jr (submitted by Edward Wicklund).

Case 3:17-cv-08209-JAT Document 1 Filed 10/12/17 Page 1 of 8 1 Edward A Wicklund, Esq. 2 Olinsky Law Group One Park Place 3 300 South State Street 4 Suite 420 Syracuse, NY 13202 5 N.Y. Bar No. 5027818 6 Telephone: (315) 701-5780 Facsimile: (315) 701-5781 7 twicklund@windisability.com 8 Attorney for Plaintiff, Gary N. Sharp, Jr. 9 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 11 PRESCOTT DIVISION 12 13 GARY N. SHARP, JR.,) NO. Soc.Sec. #XXX-XX-2802,) 14 Plaintiff,) 15) v.) COMPLAINT 16) NANCY A. BERRYHILL, acting 17) Commissioner of Social Security,) 18 Defendant.) 19 __________________________________) 20 Plaintiff, Gary N. Sharp, Jr., by his attorney, Edward A. Wicklund, alleges as 21 22 follows: 23 1. The jurisdiction of this Court is invoked pursuant to 42 U.S.C. § 405(g) to 24 review a decision of the Commissioner of Social Security denying Plaintiff’s application 25 26 for Social Security Disability Insurance benefits for lack of disability. 27 2. This action is an appeal from a final administrative decision denying 28 Plaintiff’s claim. Case 3:17-cv-08209-JAT Document 1 Filed 10/12/17 Page 2 of 8 1 3. This action is commenced within the appropriate time period set forth in the 2 attached Appeals Council Notice dated August 23, 2017. (Exhibit A). 3 4 4. Plaintiff, whose social security number is XXX-XX-2802, resides in 5 Flagstaff, Coconino County, Arizona, which is within this judicial district and division. 6 5. The Defendant, Nancy A. Berryhill, is the acting Commissioner of Social 7 8 Security of the United States of America. 9 6. Plaintiff is disabled. 10 7. The agency committed error of law by denying Appeals Council review of 11 the decision by the Administrative Law Judge, or otherwise to deny relief that was within 12 13 the authority of the Appeals Council. 14 8. The conclusions and findings of fact of the Defendant are not supported by 15 substantial evidence and are contrary to law and regulation. 16 17 WHEREFORE, Plaintiff prays that this Court: 18 1. Find that the Plaintiff is entitled to Social Security Disability Insurance 19 benefits under the provisions of the Social Security Act; or 20 21 2. Remand the case for a further hearing; 22 3. Award attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 23 2412, on the grounds that the Commissioner’s action in this case was not substantially 24 25 justified; and 26 4. Order such other and further relief as the Court deems just and proper. 27 Dated this 12th day of October, 2017. 28 Case 3:17-cv-08209-JAT Document 1 Filed 10/12/17 Page 3 of 8 1 BY: s/Edward A. Wicklund 2 Edward A. Wicklund, Esq. Attorney for Plaintiff 3 (Pending Admission Pro Hac Vice) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Case 3:17-cv-08209-JAT Document 1 Filed 10/12/17 Page 5 of 8 ~SllCtr ~ SOCIAL SECURITY ADMINISTRATION \,. Ulrn,l_Refer to:.2802 'Vl.sTV-TLC Office of Disability Adjudication and Review 5107 Leesburg Pike-!!!! Falls Church, VA 22041-3255 Telephone: (877) 670-2722..-i ii Date: August 23,2017!!!! ~!!! ~!!! ii NOTICE OF APPEALS COUNC1L ACTION • •'" This is about your request for review ofthe Adlllinistrative Law Judge's decision dated November 29, 2016. You submit1ed reasons that you disagree with the decisioll. We considered the reasons and exhibited them 01l1he 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. ~erefore, we have ~:..nied ~our requ~~,for.~~~iew. This means that tlle Administrative Law Judge's decision is the fmal decision ofthe Commissioner of Social SeCUfity in your case. Rules \Ve AppUed We applied the laws, regulations and rulings in effect as of the date we took this action. Under our rules, W~ willl'eview your case for any of the following reasons: • The Administrative Law Judge appeal's to have abused his or her discretion. • TIlel'e is an errol' of law. • The decision is not supported by substantial evidence. • There is a broad policy or procedural issue that may affect the public interest • We receive additional evidenl;e that you show is new, material, and relates to the period on or before the date of the hearing decision. You must also show there is a reasonable Susped Social Secwity Fraud? Please visit bttp:lloig.ssa.gov/l' 01' caD the Inspector Generars Fraud Hotline at 1~800-269-0271 (TTY 1~866~501-2101). Case 3:17-cv-08209-JAT Document 1 Filed 10/12/17 Page 6 of 8 Gary N. Sharp 1r 802) Page 2 of3 probability that the additional evidence would change the outcome of the decision. You must show good cause for why you missed inJ:orrning us about or submitting it earlier. If You Disagree With Our Action If you disagree with our action, you may ask for oourt review ofthe Administrative Law Judge's decision by filing a civil actio~. If you do not ask for court review, the Administrative Law Judge's decision will be a tiDal decision that can be changed ooly under special rules. How to File a Ci\'iJ Action You may file a civil action (ask for court review) by filing a complaint in the United Stales 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 at1hetop of this letter. You or your representative must deliver copies of your ~omplaint and of the summons issued by the court to the U.S. Attorney for the judiciaJ district where you file your complaint, as provided in rule 4(i) of the Federal Rules of Civil Procedure. You or your representative must also send copies ofllie complaint and summons, by certified or registered mail, to the Social Security Administration's Office of the General CowlSe! that is responsible for the pl'ocessiog and handling ofHtigation in the particular judicial district in which the complaint is filed. The names, addresses, and jurisdictional responsibilities of these offices are published in the federal Register (70 FR 73320, December 9,2005), and are availabl~ on-line at the Socia.l Security Administration's Internet site, bttp:llpolicy.ssa.gov/poms.nsfi'links'02031 06020. You or your representative must also send copies ofthe complaint and summons, by certified or regib1:ered mai~ to the Attorney General of the United States, Washington, DC 20530. Time To File a ovn Action • You have 60 days to ftle a civil action (ask for court review). • The 60 days start the day after you receive this letter. We assume you received-this Jetter 5 days after the date on it unless you show us that you did not receive it within the S-day period. • If you cannot file for court review within 60 days, you may ask the Appeals Council to extend your time to file. You must have a good reason for waiting more than 60 days to ask for court review. You must make th.e request in writing and give your reason(s) in the request. See Next P~Pf'. Case 3:17-cv-08209-JAT Document 1 Filed 10/12/17 Page 7 of 8 Gary N. Shrup Jr._ 2802) Page 3 of3 You must mail your request for more time to the Appeals Council at the address shown at the top of this notice. Please put the Social Security number(s) also shown at the top of this notice on your request. We will send you a letter telling you whether your request for more = ii time bas been granted.!! ~ About Tile Law!! ~.•!! The right to court review for claims under Title II (Social Security) is provided for in Section 205(g) of the Social Security Act. This section is also Section 405(g) ofTitie 42 ofthe United = States Code. i ii The right to court review for claims under Title XVI (Supplemental Security Income) is!! ii provided for in Secti.on1631(c)(3) of the Social Security Ac1. This section is also Section! 1383(c) of Trtle 42 ofthe United States Code. The rules on filing civil actions are Rules 4(c) and (i) in the Federal Rules of Civil Procedure. If Yon Have Any Questions If you have any questions, you may call, write, or visit any Social Security office. If you do call or \~5it an office, please have this notice with you. The telephone number of 1he local office that serves your area is 866-336-2187. Its address is: SOCIAL SECURITY 7200 GREENLEAF, SUITE 200 WHITTIER, CA 90602-9904 Jonathan M. Grossman Appeals Officer Enclosure: Order of Appeals Council cc: Mario A. Davila, rep. 3877 N 7th St, Suite 305 Phoenix, AZ 85014 Case 3:17-cv-08209-JAT Document 1 Filed 10/12/17 Page 8 of 8-iiii!!!! ~--'"!!! Social Security Administration OFFICE OF DISABILITY ADJUDICATION AND REVIEW! ~ ~ ORDER OF APPEALS COUNCIL!!;; • ~ ii IN THE CASE OF CLAIM FOR! i Period of Disability G:c!ry N. Sharp Jr. Disability Insurance Benefits (Claimant) ______________________________ 1IIIIl_28_0_2__________________ (Wage Earner) (Social Security Number) The Appeals Council has received additional evidence. wruch it is making part of the record. That evidence consists ofthe following exhibits: Exhibit 14B Request for review dated December 19.2016 from Mario A. Davila, rep. (1 page). Date: August 23, 2017

Civil Cover Sheet

http://www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl Case 3:17-cv-08209-JAT Document 1-1 Filed 10/12/17 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the District of Arizona. The completed cover sheet must be printed directly to PDF and filed as an attachment to the Complaint or Notice of Removal. Plaintiff(s): Gary N. Sharp, Jr. Defendant(s): Nancy A. Berryhill County of Residence: Coconino County of Residence: Coconino County Where Claim For Relief Arose: Coconino Plaintiff's Atty(s): Defendant's Atty(s): Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, New York 13202 315-701-5780 IFP REQUESTED II. Basis of Jurisdiction: 2. U.S. Government Defendant III. Citizenship of Principal Parties (Diversity Cases Only) Plaintiff:-N/A Defendant:-N/A IV. Origin: 1. Original Proceeding V. Nature of Suit: 863 DIWC/DIWW (405(g)) VI.Cause of Action: 42 USC 405(g): Denial of Social Security Disability Insurance benefits. VII. Requested in Complaint Class Action: No Dollar Demand: 1 of 2 10/12/2017, 9:31 AM http://www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl Case 3:17-cv-08209-JAT Document 1-1 Filed 10/12/17 Page 2 of 2 Jury Demand: No VIII. This case is not related to another case. Signature: s/Edward A. Wicklund Date: 10/12/2017 If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in your browser and change it. Once correct, save this form as a PDF and include it as an attachment to your case opening documents. Revised: 01/2014 2 of 2 10/12/2017, 9:31 AM

Exhibit) (DXD

Case 3:17-cv-08209-JAT Document 1-2 Filed 10/12/17 Page 1 of 1 October 12, 2017 Via CM/ECF Clerk U.S. District Court 123 N. San Francisco Street, Suite 200 Flagstaff, AZ 86001 Re: Sharp, Jr., v. Berryhill Complaint Filing Social Security Proceeding Dear Sir/Madam: Enclosed please find the complaint, civil cover sheet, proposed summonses, and application to proceed in forma pauperis to be filed in the above-referenced matter. If anything further is needed, kindly advise. Respectfully,/s/Edward A. Wicklund Attorney for Plaintiff, pending admission pro hac vice EAW/mec

APPLICATION for Leave to Proceed In Forma Pauperis by Gary N Sharp, Jr (submitted by Edward Wicklund).

Case 3:17-cv-08209-JAT Document 2 Filed 10/12/17 Page 1 of 5 Page I of 5 AO 239 (Rev. 01115) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Fonn) UNITED STATES DISTRICT COURT for the District of Arizona GARY N. SHARP) Plailltiff/Petitioller) v.) Civil Action No. NANCY A. BERRYHILL, ACTING COMM. OF SS) Defelldallt/Respolldellt) APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Long Form) Affidavit in Support of the Application Instructions I am a plaintiff or petitioner in this case and declare Complete all questions in this application and then sign it. that I am unable to pay the costs of these proceedings Do not leave any blanks: if the answer to a question is "0," and that I am entitled to the relief requested. I declare "none," or "not applicable (N/A)," write that response. If under penalty of peIjury that the information below is you need more space to answer a question or to explain your true and understand that a false statement may result in answer, attach a separate sheet of paper identified with your a dismissal of my clai s. name, your case's docket number, and the question number. Signed: Date: 10/10/2017 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly income Income amount expected amount during the past 12 next month months You Spouse You Spouse Employment $ ~ $ \ $ (] $ Self-employment $ c:v $ $ cj) $ Income from real property (slIch as relltal illcollle) $ ~ $ $ 6J $ Interest and dividends $ ~ $ $ ~ $ Gifts $ 0-$ $ cr-$ ~ Alimony $ $ $ 0i $ ~ Child support $ ~ $ $ $ Case 3:17-cv-08209-JAT Document 2 Filed 10/12/17 Page 2 of 5 Page 2 of 5 AO 239 (Rev. 0\/\5) Application to Proceed in District Cowt Without Prepaying Fees or Costs (Long Form) Retirement (such as social security. pensions. annuities. insurance) $ ~. $ \ $ 0 $ Disability (such as social security. insurance payments) $ G $ $ 0 $ ~ Unemployment payments $ G $ $ $ ~ ~ Public-assistance (such as welfare) $ $ $ $ ~ Other (specify): $ ~ $ $ $ $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total monthly income: 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthl 80\5 $ $ List your spouse's employment history for the past two years, most recent emplo <ll_.QC.·.!2:0t~her deductions.) Employer Gross monthl $ 4. How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your ~pouse has/~M \ \ $ ~ $ \/\ $ (\) $)\ \ \ $ ~ $/\ If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. Case 3:17-cv-08209-JAT Document 2 Filed 10/12/17 Page 3 of 5 Page 3 of 5 AO 239 (Rev. 01115) Application to Proceed in District Cowt Without Prepaying Fees or Costs (Long Fonn) 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Assets owned by you or your spouse Home (Vallie) Q'~\O O~t-$ 3CD(C()O ~ Other real estate (Vallie) $ Motor vehicle #1 (Vallie) $ 9,mo Make and year: aro~ (oc\ Model: f-\~ Registration #: Motor vehicle #2 (Vallie) $ (1) Make and year: Model: Registration #: Other assets (Vallie) $ ~ Other assets (Vallie) $ cS> 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse Amount owed to you Amount owed to your spouse mone $ $ $ $ $ $ 7. State the persons who rely on you or your spouse for support. Name (or, ifunder 18, initials only) Relationship Age.... ~. Case 3:17-cv-08209-JAT Document 2 Filed 10/12/17 Page 4 of 5 Page 4 of 5 AO 239 (Rev. OlliS) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Fonn) 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment (including lot rentedfor mobile home) Are real estate taxes included? o Yes o No Is property insurance included? o Yes o No $ <l $ \ Utilities (electricity. heatingfuel. water. sewer. and telephone) $ ~ $ Home maintenance (repairs and upkeep) $ ~ $ Food $ ~ $ Clothing $ ~ $ Laundry and dry-cleaning $ (] $ Medical and dental expenses $ ~ $ Transportation (not including motor vehicle payments) $ ~ $ Recreation, entertainment, newspapers, magazines, etc. $ ~ $ Insurance (not deducted from wages or included in mortgage payments) Homeowner's or renter's: $ ~ $ Life: $ ~ $ Health: $ G $ Motor vehicle: $ C§ $ Other: $ ~ $ Taxes (not deducted ji"Oln wages or included in mortgage payments) (specify): $ ~ $ Installment payments Motor vehicle: $ ~ $ Credit card (name): $ ~ $ Department store (name): $ () $ Other: $ ~ $ Alimony, maintenance, and support paid to others $ (\) $ Case 3:17-cv-08209-JAT Document 2 Filed 10/12/17 Page 5 of 5 Page 5 of 5 AO 239 (Rev. 0 III 5) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Regular expenses for operation of business, profession, or farm (attach detailed statement) $ ~ $ I Other (specify): $ (\) $ $ 0.00 $ 0.00 Total monthly expenses: 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? a Yes ~o If yes, describe on an attached sheet. 10. Have you spent-or will you be spending-any money for expenses or attorney fees in conjunction with this lawsuit? iifYes ONo "My attorney has been retained on a contingency fee basis. and if successful. If yes, how much? $ will petitjon!he court for attorney fees, costs, and expenses under the Equal Access to Justice Act." 11. Provide any other information that will help explain why you cannot pay the costs of these proceedings. \ eo...\\m\ O\,{'o,c\ {a \X>.~ 1\\e ~ \\ nq ~. \ ~O-~ e (\a \f'C.O('{\.Q ~f'(j 'Q\~ Cll ffi"-1 ~\~-\o.'(uno" ~ (Jj ~ertt\y \\~ \ 11 9 w~ ~ (Y\..Q • ~"(\Q 90 \..) s.::tQ u.,l-o..:t ~no LaJ) \..lj\Q n SY\.Q Co..Yl. 12. Identify the city and state of your legal residence. ~\ ()~-l()'C.c 'f\L. J Your daytime phone number: (5lo~;i)-=\O<6-\?::8 \ Your age: 5@Your years of schooling: Id

SUMMONS Submitted by Gary N Sharp, Jr (submitted by Edward Wicklund).

Case 3:17-cv-08209-JAT Document 3 Filed 10/12/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District __________ of Arizona District of __________))) GARY N. SHARP, JR.) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) United States Attorney's Office District of Arizona Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, AZ 85004-4408 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3:17-cv-08209-JAT Document 3 Filed 10/12/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). u I personally served the summons on the individual at (place) on (date); or u 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 u 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 u I returned the summons unexecuted because; or u Other (specify):. My fees are $ for travel and $ for services, for a total of $ 0.00. I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:

Summons

Case 3:17-cv-08209-JAT Document 3-1 Filed 10/12/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District __________ of Arizona District of __________))) GARY N. SHARP, JR.) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Office of the Regional Chief Counsel, Region X Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3:17-cv-08209-JAT Document 3-1 Filed 10/12/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). u I personally served the summons on the individual at (place) on (date); or u 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 u 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 u I returned the summons unexecuted because; or u Other (specify):. My fees are $ for travel and $ for services, for a total of $ 0.00. I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:

Summons)(DXD

Case 3:17-cv-08209-JAT Document 3-2 Filed 10/12/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District __________ of Arizona District of __________))) GARY N. SHARP, JR.) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) United States Attorney General Constitution Avenue & 10th St., NW Washington, DC 20530 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3:17-cv-08209-JAT Document 3-2 Filed 10/12/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). u I personally served the summons on the individual at (place) on (date); or u 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 u 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 u I returned the summons unexecuted because; or u Other (specify):. My fees are $ for travel and $ for services, for a total of $ 0.00. I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:

This case has been assigned to the Honorable James A Teilborg. All future pleadings or documents should bear the correct case number: CV-17-08209-PCT-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.

Case 3:17-cv-08209-JAT Document 4 Filed 10/12/17 Page 1 of 1 AO 85 (Rev. 8/97) Notice, Consent, and Order of Reference-Exercise of Jurisdiction by a United States Magistrate Judge (For Use In Civil Cases With District Judge as Presider) UNITED STATES DISTRICT COURT _______________________________ District of __________________________________________________ NOTICE, CONSENT, AND ORDER OF REFERENCE-Plaintiff EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE v. Case Number: Defendant NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P.73, you are hereby notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties in this case hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Signatures Party Represented Date _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ _____________________________________ __________________________________ ____________________ ORDER OF ASSIGNMENT IT IS HEREBY ORDERED that this case be assigned to ______________________________________________________ United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c), Fed.R.Civ.P. 73 and the foregoing consent of the parties. All further documents filed with the court are to carry the following case number ________________________________________. ________________ _____________________________________________________________________________________ Date United States District Judge NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

SOCIAL SECURITY SCHEDULING ORDER: Within sixty (60) days after the answer is filed, Plaintiff must file an opening brief [see attached Order for details]. Signed by Senior Judge James A Teilborg on 10/13/17.

Case 3:17-cv-08209-JAT Document 5 Filed 10/13/17 Page 1 of 3 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 10 Plaintiff, SOCIAL SECURITY SCHEDULING ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Plaintiff brings this action for review of the determination of the Commissioner of 16 the Social Security Administration (the "Commissioner"). The Clerk of Court assigned 17 this case to the expedited track pursuant to Local Rule of Civil Procedure 18 16.2(b)(1)(A)(i). Pursuant to LRCiv 16.2(b)(1)(B), the Court issues this Scheduling 19 Order without holding a scheduling conference. 20 Accordingly, 21 IT IS ORDERED that the parties must fully comply with the following deadlines 22 and procedures: 23 I. Briefing 24 A. Requirements Contained in LRCiv 16.1. The parties must fully comply 25 with LRCiv 16.1 in its entirety and must strictly comply with the following requirements: 26 (a) Opening Brief. Within sixty (60) days after the answer is filed, Plaintiff must file an opening brief addressing 27 why the Commissioner’s decision is not supported by substantial evidence or why the decision should otherwise be 28 reversed or the case remanded. Plaintiff’s opening brief must set forth all errors which Plaintiff contends entitle him or her Case 3:17-cv-08209-JAT Document 5 Filed 10/13/17 Page 2 of 3 1 to relief. The brief must also contain, under appropriate headings and in the order indicated below, the following: 2 (1) A statement of the issues presented for review, set forth 3 in separate numbered paragraphs. 4 (2) A statement of the case. This statement should indicate briefly the course of the proceedings and its disposition at the 5 administrative level. 6 (3) A statement of facts. This statement of the facts must include Plaintiff’s age, education, and work experience; a 7 summary of the physical and mental impairments alleged; a brief outline of the medical evidence; and a brief summary of 8 other relevant evidence of record. Each statement of fact must be supported by reference to the page in the record 9 where the evidence may be found. 10 (4) An argument. The argument, which may be preceded by a summary, must be divided into sections separately treating 11 each issue. Each contention must be supported by specific reference to the portion of the record [by reference to 12 specific page numbers] relied upon and by citations to statutes, regulations, and cases supporting Plaintiff’s 13 position. If any requested remand is for the purpose of taking additional evidence, such evidence must be described in the 14 opening brief, and Plaintiff’s argument must show that the additional evidence is material and that there is good cause 15 for the failure to incorporate such evidence into the record in a prior proceeding. If such additional evidence is in the form 16 of a consultation examination sought at Government expense, Plaintiff’s opening brief must make a proffer of the nature of 17 the evidence to be obtained. 18 (5) A short conclusion stating the relief sought. 19 (b) Answering Brief. Defendant must file an answering brief within thirty (30) days after service of Plaintiff’s 20 opening brief. Defendant’s brief must (1) respond specifically to each issue raised by Plaintiff and 21 (2) conform to the requirements set forth above for Plaintiff’s brief, except that a statement of the issues, a 22 statement of the case and a statement of the facts need not be made unless Defendant is dissatisfied with Plaintiff’s 23 statement thereof. 24 (c) Reply Brief. Plaintiff may file a reply brief within fifteen (15) days after service of Defendant’s answering brief. 25 (d) Length of Briefs. Unless otherwise ordered by the 26 Court, the opening and answering briefs may not exceed twenty-five (25) pages, including any statement of facts, with 27 the reply brief limited to eleven (11) pages. The case will be deemed submitted as of the date on which Plaintiff’s reply 28 brief is filed or due.-2-Case 3:17-cv-08209-JAT Document 5 Filed 10/13/17 Page 3 of 3 1 (e) Oral Argument. If either party desires oral argument, it must be requested in the manner prescribed by Rule 7.2(f) of 2 the Local Rules of Civil Procedure upon the filing of the opening brief. Whether to allow oral argument is at the 3 discretion of the Court. 4 LRCiv 16.1(a)-(e) (emphasis added). 5 B. Warnings 6 In Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989), the Court of Appeals 7 explained that the Commissioner’s decision to deny benefits would be overturned "only if 8 it is not supported by substantial evidence or is based on legal error." Correspondingly, 9 under our Local Rules, a general allegation that the Commissioner committed legal error, 10 or that the Commissioner’s determination is not supported by substantial evidence, is 11 insufficient to raise that issue for review. See Greenwood v. FAA, 28 F.3d 971, 977 (9th 12 Cir. 1994) (internal citation omitted) ("We review only issues which are argued 13 specifically and distinctly in a party’s opening brief. We will not manufacture arguments 14 for an appellant, and a bare assertion does not preserve a claim...."). Accordingly, if 15 either party fails to timely file a brief in full compliance with this Order, the Court may 16 strike the non-complying brief, dismiss the case, or remand to the agency, as appropriate. 17 See generally Fed. R. Civ. P. 41(b). 18 Dated this 13th day of October, 2017. 19 20 21 22 23 24 25 26 27 28-3-

ORDER granting [2] Motion for Leave to Proceed In Forma Pauperis without prepayment of costs or fees or the necessity of giving security therefor. Plaintiff shall be responsible for service of the summons and complaint. Signed by Senior Judge James A Teilborg on 10/13/17.

Case 3:17-cv-08209-JAT Document 6 Filed 10/13/17 Page 1 of 1 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gary N Sharp, Jr., No. CV-17-08209-PCT-JAT 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 The Court has reviewed Plaintiff’s Application to Proceed in District Court 16 Without Prepaying Fees or Costs. 17 IT IS ORDERED GRANTING the application for leave to proceed in forma 18 pauperis (Doc. 2), without prepayment of costs or fees or the necessity of giving security 19 therefor. Plaintiff shall be responsible for service of the summons and complaint. 20 Dated this 13th day of October, 2017. 21 22 23 24 25 26 27 28

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

Case 3:17-cv-08209-JAT Document 7 Filed 10/16/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District __________ of Arizona District of __________))) GARY N. SHARP, JR.) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Office of the Regional Chief Counsel, Region X Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St., Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk ISSUED ON 7:59 am, Oct 16, 2017 s/Brian D. Karth, Clerk Case 3:17-cv-08209-JAT Document 7 Filed 10/16/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). u I personally served the summons on the individual at (place) on (date); or u 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 u 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 u I returned the summons unexecuted because; or u Other (specify):. My fees are $ for travel and $ for services, for a total of $ 0.00. I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:

Summons

Case 3:17-cv-08209-JAT Document 7-1 Filed 10/16/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District __________ of Arizona District of __________))) GARY N. SHARP, JR.) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) United States Attorney's Office District of Arizona Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, AZ 85004-4408 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or 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 ISSUED ON 7:59 am, Oct 16, 2017 s/Brian D. Karth, Clerk Case 3:17-cv-08209-JAT Document 7-1 Filed 10/16/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). u I personally served the summons on the individual at (place) on (date); or u 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 u 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 u I returned the summons unexecuted because; or u Other (specify):. My fees are $ for travel and $ for services, for a total of $ 0.00. I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:

Summons

Case 3:17-cv-08209-JAT Document 7-2 Filed 10/16/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District __________ of Arizona District of __________))) GARY N. SHARP, JR.) Plaintiff(s))) v. Civil Action No.))) NANCY A. BERRYHILL, ACTING) COMMISSIONER OF SOCIAL SECURITY) Defendant(s)) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) United States Attorney General Constitution Avenue & 10th St., NW Washington, DC 20530 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: 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 ISSUED ON 8:00 am, Oct 16, 2017 s/Brian D. Karth, Clerk Case 3:17-cv-08209-JAT Document 7-2 Filed 10/16/17 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). u I personally served the summons on the individual at (place) on (date); or u 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 u 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 u I returned the summons unexecuted because; or u 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:

SERVICE EXECUTED filed by Gary N Sharp, Jr: Return of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office, Office of General Counsel, Attorney General on 11/1/2017.

Case 3:17-cv-08209-JAT Document 8 Filed 11/06/17 Page 2 of 6 Date: November 6, 2017 Michelle Callahan: The following is in response to your November 6, 2017 request for delivery information on your Certified Mail™/RRE item number 9314869904300040121981. The delivery record shows that this item was delivered on October 30, 2017 at 1:28 pm in PHOENIX, AZ 85004. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Case 3:17-cv-08209-JAT Document 8 Filed 11/06/17 Page 4 of 6 Date: November 6, 2017 Michelle Callahan: The following is in response to your November 6, 2017 request for delivery information on your Certified Mail™/RRE item number 9314869904300040122063. The delivery record shows that this item was delivered on October 30, 2017 at 1:06 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 3:17-cv-08209-JAT Document 8 Filed 11/06/17 Page 6 of 6 Date: November 6, 2017 Michelle Callahan: The following is in response to your November 6, 2017 request for delivery information on your Certified Mail™/RRE item number 9314869904300040122094. The delivery record shows that this item was delivered on November 1, 2017 at 5:20 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

NOTICE of Appearance by Heather L Griffith on behalf of Commissioner of Social Security Administration.

Case 3:17-cv-08209-JAT Document 9 Filed 12/04/17 Page 1 of 3 1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 DEFENDANT’S NOTICE OF vs. APPEARANCE 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 PLEASE TAKE NOTICE that Defendant Commissioner of Social Security 22 23 hereby notifies Plaintiff and this Court that the following Special Assistant U.S. 24 Attorney will appear as counsel of record in the above-captioned case: 25 26 27 28 Case 3:17-cv-08209-JAT Document 9 Filed 12/04/17 Page 2 of 3 1 Heather L. Griffith Special Assistant United States Attorney 2 Office of the General Counsel 3 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 4 Seattle, WA 98104-7075 5 State Bar No. WA46010 Fax: (206) 615-2531 6 heather.griffith@ssa.gov Telephone: (206) 615-3709 7 8 DATED this 4th day of December 2017. 9 Respectfully submitted, 10 11 ELIZABETH A. STRANGE First Assistant United States Attorney 12 District of Arizona 13 s/Heather L. Griffith 14 HEATHER L. GRIFFITH 15 Special Assistant United States Attorney 16 Of Counsel for the Defendant: 17 MATHEW W. PILE 18 Acting Regional Chief Counsel, Social Security Administration Office of the General Counsel, Region X 19 701 Fifth Avenue, Suite 2900 M/S 221A 20 Seattle, WA 98104-7075 21 22 23 24 25 26 27 28 2 Case 3:17-cv-08209-JAT Document 9 Filed 12/04/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Notice of Appearance was filed with the Clerk 3 of the Court on December 4, 2017, using the CM/ECF system which will send 4 notification of such filing to the following: Edward Allen Wicklund. 5 6 s/Steve Swenty 7 STEVE SWENTY 8 Paralegal Specialist-Intern Office of the General Counsel 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 ANSWER vs. 17 Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 Defendant, in answer to Plaintiff's complaint, admits, denies and alleges as 22 follows: 23 1. Defendant admits this court has jurisdiction pursuant to 42 U.S.C. § 405(g). 24 25 2. Defendant admits the allegations contained Paragraphs 2, 3, and 5. 26 3. Defendant lacks sufficient knowledge sufficient to form a belief about the 27 allegations in Paragraph 4, except that Plaintiff's social security number is a matter of 28 1 record with the Defendant. 2 4. Paragraphs 6, 7, and 8 constitute conclusions of law to which no response is 3 required. To the extent that a response is required, Defendant denies the allegations. 4 5 5. The remainder of Plaintiff's Complaint constitutes a prayer for relief to 6 which no response is required. To the extent that a response is required, Defendant denies 7 the allegations and further denies that Plaintiff is entitled to judgment or to the relief 8 sought. 9 10 6. To the extent Plaintiff has requested attorney fees under the Equal Access 11 to Justice Act, should Plaintiff prevail and file an application for fees against the United 12 States in accordance with the requirements of 28 U.S.C. § 2412, enacted as part of the 13 14 Equal Access to Justice Act, the Commissioner reserves the right to oppose any award 15 under this statute. 16 7. Defendant denies all allegations of the complaint not specifically admitted 17 18 or clarified. 19 8. In accordance with 42 U.S.C. § 405(g), Defendant files as part of the 20 answer a certified copy of the transcript of the record including the evidence upon which 21 Defendant based the challenged decision. 22 23 WHEREFORE, Defendant prays for judgment dismissing the complaint, with costs, 24 and for judgment in accordance with 42 U.S.C. § 405(g), affirming Defendant's decision. 25 \\\ 26 27 \\\ 28 2 1 DATED this 2nd day of January 2018. 2 Respectfully submitted, 3 ELIZABETH A. STRANGE 4 First Assistant United States Attorney 5 District of Arizona 6 s/ Heather L. Griffith HEATHER L. GRIFFITH 7 Special Assistant United States Attorney 8 9 Of Counsel for the Defendant: 10 MATHEW W. PILE 11 Acting Regional Chief Counsel, Social Security Administration 12 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 13 Seattle, WA 98104-7075 14 15 16 17 18 19 CERTIFICATE OF SERVICE 20 I hereby certify that the foregoing Answer was filed with the Clerk of the 21 Court on January 2, 2018, using the CM/ECF system, which will send notification 22 23 of such filing to the following: Edward Allen Wicklund. 24 25 s/ Megan Moore 26 MEGAN MOORE Paralegal Specialist 27 Office of the General Counsel 28 3

NOTICE of Filing Certified Copy of Administrative Transcript re: [10] Answer to Complaint filed by Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 NOTICE OF FILING CERTIFIED vs. ADMINISTRATIVE/TRANSCRIPT 17 OF RECORD Nancy A. Berryhill, 18 Acting Commissioner of Social Security, 19 Defendant. 20 21 PLEASE TAKE NOTICE the Acting Commissioner of the Social Security 22 Administration, by and through Heather L. Griffith, Special Assistant United States 23 Attorney for the District of Arizona, files herein in accordance with section 205(g) of the 24 25 Social Security Act, 42 U.S.C. § 405(g), as part of the answer a certified electronic copy 26 of the transcript of the record including the evidence upon which the findings and decision 27 complained of are based. In addition, a paper copy was delivered to the court. 28 1 DATED this 2nd day of January 2018. 2 3 Respectfully submitted, 4 ELIZABETH A. STRANGE 5 First Assistant United States Attorney District of Arizona 6 s/ Heather L. Griffith 7 HEATHER L. GRIFFITH 8 Special Assistant United States Attorney 9 Of Counsel for the Defendant: 10 MATHEW W. PILE 11 Acting Regional Chief Counsel, Social Security Administration 12 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 13 Seattle, WA 98104-7075 14 15 16 17 18 CERTIFICATE OF SERVICE 19 20 I hereby certify that the foregoing Notice of Filing Certified 21 Administrative/Transcript of Record was filed with the Clerk of the Court on 22 January 2, 2018, using the CM/ECF system, which will send notification of such 23 filing to the following: Edward Allen Wicklund. 24 25 26 s/ Megan Moore MEGAN MOORE 27 Paralegal Specialist 28 Office of the General Counsel 2

Certification Page

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PRESCOTT GARY N. SHARP JR. Plaintiff VS. CIVIL ACTION NO. 3: 17 - CV - 08209 - JAT NANCY A. BERRYHILL ACTING COMMISSIONER OF SOCIAL SECURITY بب بب 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. Xittuna NANCY CHUNG Date: December 4, 2017 * * * Certified Administrative Records (CAR) are not compatible with Optical Character Recognition (OCR), therefore the Agency cannot provide a OCR searchable CAR. « Name »

Court Transcript Index

Court Transcript Index Civil Action Number: 3:17-CV-08209 Claimant: Gary N. Sharp Jr Account Number: 572-37-2802 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 08/23/2017 1-6 6 Representative Correspondence (REPLTR), dated 08/10/2017 7-8 2 Outgoing ODAR Correspondence (OUTODARC), dated 03/24/2017 9-11 3 ALJ Hearing Decision (ALJDEC), dated 11/23/2016 12-27 16 Post Office Returned Mail (PORTNML), dated 09/23/2016, from usps 28-29 2 "vacant unable to forward" Outgoing ODAR Correspondence (OUTODARC), dated 10/24/2014 30-32 3 Transcript of Oral Hearing (TRANHR), dated 09/27/2016 33-71 39 Exhibits Exhibit No. of No. Description Page No. Pages 1A Initial Disability Determination by State Agency, Title II, dated 72 1 08/26/2014 2A DDE, T2, RFC Phys, No PRT. DDS, DR., dated 08/26/2014 73-82 10 1B Appointment of Representative-Mario Davila, dated 83 1 02/07/2014 2B Representative Fee Agreement-Mario Davila, dated 84 1 02/07/2014 3B Social Security Notice, dated 08/26/2014 85-90 6 4B Request for Hearing by ALJ, dated 09/03/2014 91-92 2 5B Request for Hearing Acknowledgement Letter, dated 93-100 8 09/10/2014 6B Objection to Video Hearing (Rep on behalf of claimant, dated 101 1 11/07/2014 7B Hearing Notice, dated 03/17/2016 102-127 26 8B Claimant's Change of Address Notification, dated 04/13/2016 128 1 9B Hearing Notice 129-148 20 10B Acknowledge Notice of Hearing 149-150 2 11B Notice Of Hearing Reminder 151-156 6 12B Representative Fee Agreement, dated 02/02/2014 157-159 3 13B Appointment of Representative, dated 09/26/2016 160 1 14B Request for Review of Hearing Decision/Order, dated 161 1 12/19/2016 1D Application for Disability Insurance Benefits, dated 162-163 2 02/18/2014 2D Summary Earnings Query, dated 04/10/2015 164 1 3D Detailed Earnings Query, dated 04/10/2015 165-167 3 4D New Hire, Quarter Wage, Unemployment Query (NDNH), 168-169 2 dated 04/10/2015 DATE: December 4, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Court Transcript Index Civil Action Number: 3:17-CV-08209 Claimant: Gary N. Sharp Jr Account Number: 572-37-2802 Exhibits Exhibit No. of No. Description Page No. Pages 5D Certified Earnings Records-DLI 12/31/2019, dated 170-171 2 04/10/2015 6D New Hire, Quarter Wage, Unemployment Query (NDNH), 172-173 2 dated 05/03/2016 7D Certified Earnings Records 174-175 2 8D Detailed Earnings Query 176-178 3 9D Summary Earnings Query 179 1 1E Disability Report - Field Office, dated 02/24/2014 180-181 2 2E Disability Report - Adult, dated 02/24/2014 182-189 8 3E Work History Report, dated 05/20/2014 190-202 13 4E Exertional Activities Questionnaire, dated 05/20/2014 203-206 4 5E Disability Report - Field Office, dated 09/04/2014 207-208 2 6E Disability Report - Appeals, dated 09/04/2014 209-214 6 7E Representative Correspondence, dated 01/13/2015 215 1 8E Exhibit List-CD to Representative or Claimant Form # HA-L56 216-226 11 (03-200), dated 04/10/2015 9E Recent Medical Treatment, dated 07/09/2015 227 1 10E Medications, dated 07/09/2015 228 1 11E Work Background, dated 07/09/2015 229 1 12E Resume of Vocational Expert, dated 03/14/2016, from 230-231 2 Elizabeth Brown-Ramos 13E Exhibit List-CD to Representative or Claimant Form # HA-L56 232-242 11 (03-200), dated 05/03/2016, from ODAR 14E Resume of Vocational Expert 243-244 2 15E Representative Correspondence, dated 10/31/2016 245 1 1F Radiology Report, dated 08/01/2013, from PIH Health 246-271 26 2F Office Treatment Records, dated 08/01/2013 to 12/03/2013, 272-334 63 from Comprehensive Pain Care Medical Center, Inc. 3F Office Treatment Records, dated 09/05/2013 to 02/17/2014, 335-356 22 from West Coast Orthopedic Center 4F Office Treatment Records, dated 04/02/2014, from Sohel 357-364 8 Aval, M.D. 5F Progress Notes, dated 05/07/2014 to 04/23/2015, from Dr. 365-386 22 Marvin Urbina 6F Office Treatment Records, dated 08/01/2013 to 11/25/2013, 387-455 69 from Dr Georges F Elkhoury 7F Radiology Report, dated 06/08/2015 to 06/08/2015, from Dr 456-458 3 Dharmesh Mehta 8F Office Treatment Records, dated 08/21/2015 to 08/21/2015, 459-460 2 from Dr M S Kundi DATE: December 4, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Court Transcript Index Civil Action Number: 3:17-CV-08209 Claimant: Gary N. Sharp Jr Account Number: 572-37-2802 Exhibits Exhibit No. of No. Description Page No. Pages 9F Progress Notes, dated 05/07/2014 to 12/16/2015, from 461-491 31 Mervin Urbina MD 10F Progress Notes, dated 12/21/2015 to 12/21/2015, from Dr 492-493 2 Ben Shwachman 11F Radiology Report, dated 08/01/2013 to 08/01/2013, from PIH 494-495 2 Health 12F Misc Medical Records, dated 09/02/2016 to 09/02/2016, from 496-504 9 Katherine Costa N.P. 13F Medical Report/General, dated 09/02/2016 to 09/02/2016, 505-506 2 from Katherine Costa 14F Medical Report/General, dated 09/02/2016 to 09/02/2016, 507-513 7 from Katherine Costa 15F Office Treatment Records, dated 06/28/2016, from Ryan 514-521 8 Internal Medicine 16F Office Treatment Records, dated 06/28/2016 to 06/29/2016, 522-528 7 from Ryan, Keith MD DATE: December 4, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable.

Payment Documents and Decisions

2 Payment Documents and Decisions Civil Action Number: 3: 17 - CV - 08209 Claimant: Gary N. Sharp Jr Account Number: 572 - 37 - 2802 Exhibits Exhibit No. 1A Page No. No. of Pages Description Initial Disability Determination by State Agency, Title II, dated 08 / 26 / 2014 DDE, T2, RFC Phys, No PRT. DDS, DR ., dated 08 / 26 / 2014 72 2A 73 - 82 10 DATE: December 4, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. SOCIAL SECURITY ADMINISTRATION 2 EXHIBIT NO. 1A PAGE: TOFT DISABILITY DETERMINATION AND TRANSMITTAL 4. SSN S90 2 / 11 / 14 572 - 37 - 2802 2. DDS CODE 1. DESTINATION DDS ODO 3. FILING DATE BIC (if CDB or DWB CLAIM) DRS DOB INTPSC 6. WE'S NAME (if CDB or DWB CLAIM) 0 0 5. NAME AND ADDRESS OF CLAIMANT (include ZIP Code) GARY N SHARP JR 11628 PRATHER AVENUE WHITTIER, CA 90606 7. TYPE CLAIM (Title II) DIB ᎠWᏴ CDB - R CDB - D RD - R RD - D RD P - R P - D МQFE ËŐ H BAB Ä5 De BCD AO ASO 8. TYPE CLAIM (Title XVI) DI DS PT 11A. 9. DATE OF BIRTH 10. PRIOR ACTION 11. REMARKS 7 / 28 / 1959 PD PD DO - BO 12. DISTRICT - BRANCH OFFICE ADDRESS (include Zip Code) CODE SOCIAL SECURITY 7200 GREENLEAF 982 2 / 24 / 14 WHITTIER, CA 90602 Ref Agy 13. DO - BO REPRESENTATIVE 14. DATE 11B. S NGUYEN 866 - 336 - 2187 Presumptive Disability Impairment DETERMINATION PURSUANT TO THE SOCIAL SECURITY ACT, AS AMENDED 15. CLAIMANT DISABLED 16A. PRIMARY DIAGNOSIS BODY SYS. CODE NO. 16B. SECONDARY DIAGNOSIS CODE NO. 01 7240 B480 Disability Began Disorders of Back (Discog Sprains and strains - All Disability Ceased enic & Degenerative) Types 17. DIARY TYPE MO / YR. REASON A. U pisability B. O Disability B. 18. CASE OF BLINDNESS AS DEFINED IN SEC. 1614 (a) (2) / (216) (i) 19. CLAIMANT NOT DISABLED Disab. for Cash Benefit Purp. Beg. A. Lx | Before Age 22 (CDB Only) Not Disab. for Cash Bene. Purp. 20. VOCATIONAL BACKGROUND Through Through Date of Current Determination OCC YRS. ED YRS. 0 13 SC IN SCOUT Prev Ref 21. VR ACTION | 1 22. REG - BASIS CODE 24. MOB CODE 23. MED LIST NO. Recon 25A Initial Recon DHU ALJ Hearing 25. REVISED DET Appeals CouncilU.S. District Court J1 A | B. O c. O DO E. F. 26. LIST NO. C. D. 364 27. RATIONALE See Attached SSA - 4268 - U4 / C4 Check If Vocational Rule Met. Cite Rule 20207 28. A. Period of Disability B. B. Disability Period Estab Beg AND D. Continues Term 29. LTR / PAR NO. c. O Estab Beg 32. PHYSICIAN OR MEDICAL SPEC. SIGNATURE 8 / 26 / 14 E. L. Gilpeer MD 30. DISABILITY EXAMINER - DDS B. Mixon 31. DATE E. I Term E. 33. DATE 7 / 01 / 14 32A. PHYSICIAN OR MEDICAL SPEC. NAME (Stamp, Print, or Type) E. GILPEER / LPSB, MD 32B. SPEC. CODE 19 MULTIPLE IMPAIRMENTS CONSIDERED 34. REMARKS CER: N EOR: Y DAA: SNO: NO MARIO A DAVILA BINDER AND BINDER 770 THE CITY DRIVE S SECOND FLOOR ORANGE, CA 92868 Disability Redesign Prototype / SDM Case 34A. COMBINED MULTIPLE NONSEVERE - SEVERE 34B. COMBINED MULTIPLE NONSEVERE - NONSEVERE 35. BASIS CODE 37. SSA REPRESENTATIVE 38. DATE 36. REV. DET. CODES SSA CODE 72 Electronic Input: Form SSA - 831 - C3 (5 / 89) Previous editions may be used CASE CONTROL Case Number DECISION 1130669 Case DisabIIPPYDeterminatoriExplanation of 12 EXHIBIT NO. 2A PAGE: 1 OF 10 This Disability Determination Explanation is for the DIB claim at the Initial level. CLAIMANT INFORMATION CLAIMANT INFORMATION Name: Gary Ned Sharp JR SSN: 572 - 37 - 2802 Phone Number: 714 - 564 - 8640 Secondary Phone Number Address: Mailing Residence 11628 PRATHER AVENUE WHITTIER, CA 90606 11628 PRATHER AVENUE WHITTIER, CA 90606 claimant Gender: M Self Reported Height: 68 inches Self Reported weight: 235. 0 lbs Special Indications: None. RELEVANT DATES Below table represents the Relevant Dates DLI DLI Age at DLI Current Date of Birth AOD Age at AOD DFI Age 54 years 55 years (Closely 07 / 28 / 1959 (Advanced 07 / 28 / 2013 approaching 10 / 01 / 2010 age) advanced age) Does the individual have an attorney / appointed representative ? Yes 12 / 31 / 2017 Representative's name, address and phone number: Mario A Davila Binder and Binder 770 The City Drives Second Floor Orange, CA 92868 714 - 564 - 8640 ALLEGATIONS OF IMPAIRMENTS The individual filed for Initial claim for disability on 02 / 11 / 2014 due to the following illnesses, injuries or conditions: Herniated Disc Severe Back Pain 73 Lumbar Spine ImpairImerit 2 EXHIBIT NO. 2A Unsuccessful Back Surgery PAGE: 2 OF 10 The individual alleges inability to function and / or work as of 07 / 28 / 2013 TECHNICAL ISSUES Is the individual working ? No Prior Electronic Filings There are no prior electronic filings. Alleged Onset Date: 07 / 28 / 2013 Has the individual performed work after the Alleged Onset Date (AOD) ? NO Has any period (s) of work been determined to be an unsuccessful work attempt, or involved subsidies / special conditions, impairment - related work expenses, or other technical issue (s) ? No EVIDENCE OF RECORD The following initial evidence has been received UnknowTI Name Source of Evidence EF Received Opinion Evidence Type Level 06 / 12 / 2014 No Atty / Rep Submit Evidnce Initial Unknown Name 06 / 12 / 2014 Source of Evidence EF Received Opinion Evidence Type Level No Atty / Rep Subrnit Evidnce Initial UnknowIn Name Source of Evidence EF Received Opinion Evidence Type Level 06 / 11 / 2014 No Atty / Rep Submit Evidnce Initial Source of Evidence UnknOWII Name 2 EXHIBIT Nb. 2A EF Received 05 / 30 / 2014 PAGE: 3 OF 10 Opinion No Evidence Evidence Type Exertional Actvty Questire Level Initial UnknowII Name Source of Evidence EF Received Opinion Evidence Type Level 05 / 30 / 2014 No Evidence 3369 - Work Hx Initial UnknowIi Narne Source of Evidence EF Received Opinion Evidence Type Level 04 / 22 / 2014 No Atty / Rep Submit Evidnce Initial | UnknowII Name Source of Evidence EF Received Opinion Evidence Type Level 04 / 22 / 2014 No Atty / Rep Submit Evidnce Initial UnkıOWII Name Source of Evidence EF Received Opinion Evidence Type Level 04 / 11 / 2014 No Atty / Rep Submit Evidnce Initial WEST COAST ORTHOPEDIC CENTER 03 / 19 / 2014 Source of Evidence EF Received Opinion Evidence Type Level No MER Initial UnknowTI Name Source of Evidence EF Received Opinion Evidence Type Level 02 / 22 / 2014 No Evidence 5002 ROC Initial 2 EXHIBIT NO. 2A The following evidence has been requested: PAGE: 4 OF 10 Source of Evidence EF Request Date Level BINDER & BINDER 03 / 24 / 2014 Initial CLAIM COMMUNICATIONS Claimant Subject: Anxiety / depression Details: 7 / 3 / 14 @ 8: 07 a. m. I called 562 - 708 - 1381 and left a detailed message for the clmt regarding his anxiety and depression as mentioned in the medical records and asked for a return call as soon as possible. BARBARA MIXON 7 / 3 / 14 @ 9: 34 a. m. The climt returned my call regarding his anxiety and depression. He stated that it was just in mention due to his back and leg pain. He has not treating doctor nor does he take meds. He does not feel that he needs to see arlyOne regarding this. He is in a financial bind and needs monetary help. BAMIXON Signature: B. Mixon 07 / 03 / 2014 CONSULTATIVE EXAMINATION (S) (CE) Is a CE (s) required ? No FINDINGS OF FACT AND ANALYSIS OF EVIDENCE Analysis 3 / 10 / 14 Title II AOD = 7 / 28 / 13 DLI = 12 / 31 / 17 54 year old male alleging back disorder. 6 / 24 / 14: Dr. Gilpeer. This is a PSB returII asking that your access a Current RFC instead of a durational ! Additional MER from TP in file with restricted MSS. Please re - review ! WEST COAST ORTHOPEDIC - 1 / 24 / 14 The patient weighs 236 lbs today and he stands 5 Feet, 9 inches. 76 Examination or the LEFT SHOULDER reveals tenderness to palpation over the anterior / superior aspects, as well as the left traperius. Neer and Hawkins testing are positive. There is pain with flexion, abduction and external 2 EXHIBIT NO. 2A Totation. PAGE: 5 OF 10 Physical examination of the LUMBAR SPINE reveals tenderness to palpatiori Over the lumbar Spirne nahlline, the bilateral paraspinals, bilateral sciatic notches and the bilateral gluts, left greater than right. The patient radiates doWII the left posterior thigh to the left calf and plantar aspect of the left Foot and toes. There is hamstring tightness bilaterally. Sensation is decreased to the left posterior thigh, calf and plantar aspect of the left foot and toes with numbness and tingling. DIAGNOSES: Left shoulder sprain / strain, overcompensation Lumbar spine with L4 - 5 left postercolateral disc extrusion abutting left LS nerve root in the left L5 lateral recess, Small right posterolateral L5 - S1 disc protrusion extends up to but does not displace right S1 nerve root; multilevel facet arthropathy; status post right L5 - S1 herrilaminectoriy, per MRI of 8 / 1 / 13. Lumbar spine radiculopathy Lumbar Spine, status post L5 - S1 hemilarinectomy, pre - existing. BAMIXO / DEAI I 416 - CASE ANALYSES No 416 - Case Analyses have been associated with this claim. MEDICALLY DETERMINABLE IMPAIRMENTS AND SEVERITY (MDI) ADULT MEDICALLY DETERMINABLE IMPAIRMENTS (MDI) Does the individual have one or more medically determinable impairments ? Yes PRIORITY Primary SEVERITY Severe IMPAIRMENT 7240 - DDD (Disorders of Back - Discogenic and Degenerative) 8480 - Sprains and Strains - All Types Secondary Severe ADULT LISTINGS CONSIDERED Subsection Listing 1. 04 1. 02 Description Spine Disorders Dysfunction - Major Joints ADULT MEDICAL DISPOSITION RFC Assessment Necessary (Physical and for Mental) ASSESSMENT OF POLICY ISSUES SYMPTOMS AND CREDIBILITY 77 Can one or more of the individual's medically determinable impairment (s) (MDI (S)) reasonably be expected to produce the individual's pain or other symptoms ? 2 EXHIBIT NO. 2A PAGE: 6 OF 10 Yes Are the individual's statements about the intensity, persistence, and functionally limiting effects of the symptoms substantiated by the objective medical evidence alone ? Yes WEIGHING OF OPINION EVIDENCE There is no indication that there is medical or other opinion evidence. RESIDUAL FUNCTIONAL CAPACITY PHYSICAL RESIDUAL FUNCTIONAL CAPACITY ASSESSMENT RFC1 Indicate whether this Physical Residual Functional Capacity (RFC) assessment is for: Current Evaluation Does the individual have exertional limitations ? Yes Rate the individual's exertional limitations: Occasionally (occasionally is cumulatively 1 / 3 or less of an 8 hour day) lift and / or carry (including upward pulling): 20 pounds Frequently (frequently is cumulatively more than 1 / 3 up to 2 / 3 of an 8 hour day) lift and / or carry (including upward pulling): 10 pounds Stand and / or walk (with normal breaks) for a total of: About 6 hours in an 8 - hour workday Sit (with normal breaks) for a total of: About 6 hours in an 8 - hour workday Push and / or pull (including operation of hand and / or foot controls): Unlimited, other than showII, for lift and / or carry Explain exertional limitations and how and why the evidence supports your conclusions. Cite specific facts upon which your conclusions are based: Atty / Rep submitted evidence Georges F. Elkhoury, MD 11 / 25 / 13: 69 " 230 lbs. 138 / 79 Gait - liips on the left HEENT, heart and vascular, chest and lungs, abdormell, and lymphatics normal. Cranial nerves normal Lumbar spine - flexion normal Muscle strength testing normal in the lower extremities Motor tone normal in the lower extremities Reflexes normal in the lower extremities. West Coast Orthopedic 2 / 17 / 14: PR - 2 report. 69 " 236 lbs. 119 / 91 Left shoulder - range of motion not evaluated Lumbar spine - range of motion not evaluated. Atty / Ref submit evidence Lumbar spine questionnaire - Soheil M. Aval, MD - 4 / 2 / 14: No treatment notes or other medical records provided to support the findings as stated or 78 the likatseisis GuggedRAQDrotATcredpoel Tentheta Filed 01 / 02 / 18 Page 9 of 12 EXHIBIT NO. 2A PAGE: 7 OF 10 Does the individual have postural limitations ? Yes Rate the individual's postural limitations: Climbing Ramps / stairs: Occasionally Climbing Ladders / ropes / scaffolds: Never Balancing: Occasionally Stooping (i. e ., bending at the waist): Occasionally Kneeling: Occasionally Crouching (i. e ., bending at the knees): Occasionally Crawling: Occasionally Explain postural limitations and how and why the evidence supports your conclusions. Cite specific facts upon which your conclusions are based: See above. Does the individual have manipulative limitations ? Yes Rate the individual's manipulative limitations: Reaching any direction (including overhead): Limited Left Overhead Handling (gross manipulation): Unlimited Fingering (fine manipulation): Unlimited Feeling (skin receptors): Unlimited Explain manipulative limitations and how and why the evidence supports your conclusions. Cite specific facts upon which your conclusions are based (include the extent to which the function can be performed - e. g ., constant, frequent, occasional, never, etc .): Overhead reaching with the left upper extremity limited to occasionally; see above. Does the individual have visual limitations ? NO Does the individual have communicative limitations ? No 2 EXHIBIT NO. 2A Does the individual have environmental limitations ? PAGE: 8 OF 10 NO RFC - Additional Explanation See above. These findings complete the medical portion of the disability determination. MC / PC or SDM Signature E. L. Gilpeer MD 07 / 01 / 2014 ASSESSMENT OF POLICY ISSUES - CONTINUED RECONCILING OF SOURCE OPINION There is no indication that there is opinion evidence from any source. ASSESSMENT OF VOCATIONAL FACTORS ASSESSMENT OF THE INDIVIDUAL'S ABILITY TO PERFORM PAST RELEVANT WORK Past Relevant Work: Job Title: Start Date: End Date: DOT Title: DOT Code: Press Operator JANUARY 1981 JANUARY 2006 Plastics Sheet Finishing Press Operator 690. 682 - 058 Job Title: Start Date: End Date: DOT Title: DOT Code: Pharmacy Technician JANUARY 2006 JULY 2013 Pharmacy Technician 074. 382 - 010 Does the individual have any past relevant work (PRW) ? Yes This RFC assessment, based on all of the relevant evidence, is a function - by - function evaluation of the individual's exertional and non - exertional capabilities which are required to perform work activities. Does the individual have the RFC to perform PRW ? No SPECIAL MEDICAL - VOCATIONAL PROFILES: Arduous Unskilled Work Does the individual have a work history of 35 years or more of arduous, unskilled, physical labor ? No APPLICATION OF MEDICAL - VOCATIONAL RULES: Other Work 80 2 EXHIBIT NO. 2A What was the highest skill level of the individual's PRW ? Semi - skilled PAGE: 9 OF 10 Is the individual limited to unskilled work because of the impairments ? No Based on the seven strength factors of the physical RFC (lifting / carrying, standing, walking, sitting, pushing, and pulling), the individual demonstrates the maximum sustained work capability for the following: LIGHT a mediana pendatang dari The highest grade of school completed by the individual is: 13 Indicate the rule used to direct a determination or as a framework. 202. 07 - Adv Age HS No Dir Ent Skilled - Semi Trans Select one of the following: Vocational Rule Directs Cite three occupations in which there are a significant number of jobs that exist in the national economy: Collator Operator Cleaner, Housekeeping Photocopy - Machine Operator DETERMINATION Based on the documented findings, select the determination: Not Disabled Is there medical evidence of DAA ? There is no evidence of arly substance abuse disorder (DAA issue DIB Claim / 227529151 Indicate which of the following Acquiescence Rulings are applicable None of the ARs considered apply to this claim REGULATION BASIS CODE (RBC) Regulation Basis Code: J1 - 20CFR404. 1520 (g) - DIB CLAIM PERSONALIZED DISABILITY EXPLANATION (PDE) PDE Text: PDE Continued: Your condition results in some limitations in your ability to perform work related activities. While you are not capable of performing work you have done in the past, you are able to perform work. that is less demanding. We have determined that your condition is not severe enough to keep you from working. We considered the medical and other information and work experience in determining how your condition affects your ability to work. SIGNATURES 81 Case 3: 17 - cv - 08209 - JAT Document 11 - 4 Filed 01 / 02 / 18 | ADULT MC / PC or SDM Signature ZI18 Page 12 EXHIBIT NO. 2A PAGE: 10 OF 10 E. L. Gilpeer MD 07 / 01 / 2014 Disability Adjudicator / Examiner Signature: B. Mixon 08 / 26 / 2014 eCAT version: 9. 0. 98 82

Non Disability Related Development

9 Non Disability Related Development Civil Action Number: 3: 17 - CV - 08209 Claimant: Gary N. Sharp Jr Account Number: 572 - 37 - 2802 Exhibits Exhibit No. of Pages No. Page No. 162 - 163 1D 2D 3D 4D 164 165 - 167 168 - 169 Description Application for Disability Insurance Benefits, dated 02 / 18 / 2014 Summary Earnings Query, dated 04 / 10 / 2015 Detailed Earnings Query, dated 04 / 10 / 2015 New Hire, Quarter Wage, Unemployment Query (NDNH), dated 04 / 10 / 2015 Certified Earnings Records - DLI 12 / 31 / 2019, dated 04 / 10 / 2015 New Hire, Quarter Wage, Unemployment Query (NDNH), dated 05 / 03 / 2016 Certified Earnings Records Detailed Earnings Query Summary Earnings Query 5D 170 - 171 172 - 173 174 - 175 176 - 178 179 P w N N N N w P N 6D 7D 8D 9D DATE: December 4, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. 9 EXHIBIT NO. 1D February 22, 201 PAG5: 215 OF 2 PAGE 1 NH 572 - 37 - 2802 SG - SSA - 16 5 2 — 3 7 2 8 - - - — — — — — — — — — — — — — — —: UNIT: SN2CRT. . . . . . . . . . . . . . . . . . . . . . — — — — GARY NED SHARP JR 11628 PRATHER AVENUE WHITTIER CA 90606 APPLICATION SUMMARY FOR DISABILITY INSURANCE BENEFITS On February 18, 2014, we talked with you and corapleted 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 GARY NED SHARP JR. I HAVE USED THE FOLLOWING NAME (S): GARY SHARP MY SOCIAL SECURITY NUMBER IS 572 - 37 - 2802. MY DATE OF BIRTH IS July 28, 1959. I AM A CITIZEN OF THE UNITED STATES. I BECAME UNABLE TO WORK BECAUSE OF MY DISABLING CONDITION ON July 28, 2013. I AM STILL DISABLED. NO PREVIOUS APPLICATION HAS BEEN FILED WITH THE SOCIAL SECURITY ADMINISTRATION BY OR FOR ME. I DO NOT WANT TO FILE FOR SSI. I HAVE FILED OR INTEND TO FILE FOR WORKERS ' COMPENSATION, PUBLIC DISABILITY OR BLACK LUNG BENEFITS BUT I AM NOT RECEIVING BENEFITS. 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. THE SOCIAL SECURITY ADMINISTRATION AND THE STATE AGENCY REVIEWING MY CLAIM DO HAVE MY PERMISSION TO CONTACT MY EMPLOYER (S) . 162 9 EXHIBIT NO. 1D February 22, 201 PAGE: 2OF 2 PAGE 2 NH 572 - 37 - 2802 SG - SSA - 16 I AM NOT MARRIED NOW. 5 2 — 3 7 2 8 I WAS PREVIOUSLY MARRIED TO APRIL REYNOLDS ON February 14, 1985 IN CA BY A CLERGYMAN OR PUBLIC OFFICIAL. THE MARRIAGE ENDED BY DIVORCE ON June 1, 2005 IN CA. MY FORMER SPOUSE'S AGE OR DATE OF BIRTH IS 047. 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, CHOLE SHARP DYLAN SHARP I DO NOT WANT TO ENROLL IN PART B OF MEDICARE. I DO NOT HAVE A BANK ACCOUNT. REMARKS: I AM NOT SURE IF MY EARNINGS AS SHOWN ON MY SOCIAL SECURITY STATEMENT ARE CORRECT, OR I DO NOT HAVE A SOCIAL SECURITY STATEMENT. PREPARER'S INFORMATION: RENATO DE MORAES OTHER INTERVIEWER BINDER AND BINDER 770 THE CITY DRIVES SECOND FLOOR ORANGE CA 92868 714 - 564 - 8640 EXT. WORK: FOREIGN – 2013 = N 2014 = N USTAXESPD - 2013 = ? 2014 = ? 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 (714) 564 - 8640. 163 001 N 0 0 0 H O O O M A TO H N O SEQY DTEdse / 30 16V - 0095JAT37D08amernocl: - 635FiledWITOS / 18 Page 4 of P MEF: QN: 572 - 37 - 2802 NA: G N SHARP DB: 07 / 1959 SX: M AK: SUMMARY FICA EARNINGS FOR YEARS REQUESTED YEAR EARNINGS YEAR EARNINGS YEAR EARNINGS YEAR 1979 8838. 84 1988 26429. 92 1997 28936. 79 2006 1980 14103. 31 1989 23182. 75 1998 2007 1981 18004. 09 1990 1214. 10 1999 1278. 76 2008 1982 19935. 66 1991 24806. 99 2000. 00 2009 1983 18995. 27 1992 30050. 27 2001 00 2010 1984 23524. 05 1993 27872. 97 2002 2011 1985 27375. 50 1994 31445. 85 2003 00 2012 1986 21175. 77 1995 23861. 43 2004 2013 1987 22512. 71 1996 30166. 71 2005 00 2014 SUMMARY MQGE EARNINGS FOR YEARS REQUESTED NO MQGE EARNINGS FOR YEARS REQUESTED REMARKS CLAIMS ACTIVITY - - SEE MBR NON - COVERED EARNINGS PRESENT FOR: 1993 - 1994, 1998 - 1999 O O O) U M O M O N Y LO UN » N H O) O EXHIBIT NO. 2D PAGE: 1 OF 1 EARNINGS 18310. 15 17142. 72 21475. 12 22483. 99 24310. 95 23940. 24 34894. 08 24592. 42 9676. 15 N O UN A W N ON O S. . . . . . O UN NO N N N N N C O O O O H N N N N MN S P - | P 1 HT T - T - - S - - - . 164 M: Oen 8 eaans 00 BETEARE: OF 3 A OD 0 0 N N N 0 0 0 0 0 H N Un E I N 1 QRY DATECA / 3 0 / 7 - 6v - 00LOGEJAT37DaeahertoCI: - 6Y35ilen) OLIOBA18 Page5 0019 + - DEOR INPUT; YRS REQ: 1998 - 2015; COVERED DETAILS; NON - COVERED DETAILS; PENSION ? SPECIAL WAGE PAYMENT; EMPLOYER ADDRESS PAGE: 1 OF 3 MEF: NA: G N SHARP DB: 07 / 1959 SX: M AK: DETAIL COVERED FICA EARNINGS AND EMPLOYER NAME AND ADDRESS FOR YEARS REQUESTED EIN: 953812531 CINTON WEST COAST LABELS 620 RICHFIELD RD PLACENTIA CA 92870 - 6727 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0098 AA G N SHARP 28782. 95 26634. 47 8057 - 85 - 58630 00399 v WAGE TOTAL 28782. 95 QASDI EMPLOYER TOTAL 28782. 95 98 OASDI YEARLY TOTAL 28782. 95 EIN: 953812531 CINTON WEST COAST LABELS RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PRS 0099 AA G N SHARP 1278. 76 1150. 89 9054 - 89 - 56882 00300 V WAGE TOTAL 1278. 76 OASDI EMPLOYER TOTAL 1278. 76 99 OASDI YEARLY TOTAL 1278. 76 00 NONE 01 NONE 02 NONE 03 NONE 04 NONE 05 NONE EIN: 954391249 THRIFTY PAYLESS INC ATTN PAYROLL TAX DEPT 200 NEWBERG COMMONS ETTERS. PA 17319 - 0000 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0006 AA G N SHARP 18310. 15 18310. 15 6057 - 86 - 10533 00707 V WAGE TOTAL 18310. 15 OASDI EMPLOYER TOTAL 18310. 15 06 OASDI YEARLY TOTAL 18310. 15 EIN: 954391249 THRIFTY PAYLESS INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR 0007 AA G N SHARP 17142. 72 17142. 72 8080 - AM - 25449 00908 V WAGE TOTAL 17142. 72 OASDI EMPLOYER TOTAL 17142. 72 07 OASDI YEARLY TOTAL 17142. 72 EIN: 954391249 THRIFTY PAYLESS INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PRS 0008 AA G N SHARP 21475. 12 21475. 12 9092 - CM - 79372 01009 V WAGE TOTAL 21475. 12 OASDI EMPLOYER TOTAL 21475. 12 08 OASDI YEARLY TOTAL 21475. 12 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC % PAYROLL TAX DEPT 200 NEWBERRY COMMONS ETTERS PA 17319 - 9363 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0009 AA AGT2 G N SHARP 22483. 99 22483. 99 0048 - AD - 02981 00510 V WAGE TOTAL 22483. 99 OASDI EMPLOYER TOTAL 22483. 99 09 OASDI YEARLY TOTAL 22483. 99 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR 0010 AA AGT2 G N SHARP 24310. 95 24310. 95 1059 - cs - 87394 00711 v WAGE TOTAL 24310. 95 OASDI EMPLOYER TOTAL 24310. 95 10 OASDI YEARLY TOTAL 24310. 95 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC 165 NN N NNN N O * O O N T N N N LO 2 4 5 4 SSN: 5 Tasw321870ev - 08209 - JAT Document 11 - 6 Filed 01 / 02 / 18 Page 6 OPG900 JIRIT N BIT NO. 3D RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBEAGQR2 OF 3 0011 AA AGT 1 G N SHARP 23940. 24 23940. 24 2058 - AU - 85809 00712 V WAGE TOTAL 23940. 24 OASDI EMPLOYER TOTAL 23940. 24 11 OASDI YEARLY TOTAL 23940. 24 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0012 AA AGT1 G N SHARP 23939. 28 23939. 28 3039 - AG - 27933 00513 V WAGE TOTAL 23939. 28 OASDI EMPLOYER TOTAL 23939. 28 EIN: 942629822 IHSS RECIPIENTS PO BOX 940 ROSEVILLE CA 95678 - 0940 0012 AP G N SHARP 10954. 80 10954. 80 3088 - - AC - 32055 01213 V HOUSEHOLD TOTAL 10954. 80 OASDI EMPLOYER TOTAL 10954. 80 12 OASDI YEARLY TOTAL 34894. 08 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0013 AA AGT1 G N SHARP 16785. 54 16785. 54 4070 - DR - 98008 00514 V WAGE TOTAL 16785. 54 OASDI EMPLOYER TOTAL 16785. 54 EIN: 942629822 IHSS RECIPIENTS 0013 AA G N SHARP 7806. 88 7806. 88 4090 - CP - 62454 00814 V WAGE TOTAL 7806. 88 OASDI EMPLOYER TOTAL 7806. 88 13 OASDI YEARLY TOTAL 24592. 42 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PRS 0014 AA AGT1 G N SHARP 167. 94 167. 94 5048 - AL - 52064 00615 V WAGE TOTAL 167. 94 OASDI EMPLOYER TOTAL 167. 94 EIN: 942629822 IHSS RECIPIENTS 0014 AP GN SHARP 9508, 21 9508. 21 5064 - AU - 63572 00815 V HOUSEHOLD TOTAL 9508. 21 OAŞDI EMPLOYER TOTAL 9508. 21 14 OASDI YEARLY TOTAL 9676. 15 15 NONE DETAIL NON - COVERED EARNINGS AND W - 2 PENSION DATA AND EMPLOYER NAME AND ADDRESS FOR YEARS REQUESTED EIN: 953812531 CINTON WEST COAST LABELS RPYR RE LOAC NAME TOTAL AMOUNT CONTROL NUMBER PR 0098 DJ G N SHARP 2148. 48 8057 - 85 - 58630 00399 DEFERRED COMP. TOTAL 2148. 48 EIN: 953812531 CINTON WEST COAST LABELS RPYR RE LOAC NAME TOTAL AMOUNT CONTROL NUMBER PR 0099 DJ G N SHARP 127. 87 9054 - 89 - 56882 00300 V DEFERRED COMP. TOTAL 127. 87 00 NONE 01 NONE 02 NONE 03 NONE 04 NONE 05 NONE 06 NONE 07 NONE 08 NONE 09 NONE 10 NONE 11 NONE 12 NONE 166 لا کا نا م S O O O H H H H SSN: 5 TASE73A80ev - 08209 - JAT Document 11 - 6 Filed 01 / 02 / 18 Page 7 OFG900 JIRIT PG 9EXHIBIT NO. 3D PAGE: 3 OF 3 13 NONE 14 NONE 15 NONE REMARKS CLAIMS ACTIVITY - - SEE MBR 07 NONE — — = = - - - - - - - - - - - - - - — — — — — — — — — — — — — — - - - - — - - - - . — — 167 - 2 3 7 | 2 - - - - - - - - - - - - - - - - - = T T T T 9. EXHIBIT NO. 4D PAGE: 1 OF 2 - - NDNH - T2 NDNH - T2 QUERY for 572 - 37 - 2802 - - - - - NEW HIRE DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDNW NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y DATE HIRED: EIN: 94 - 2629822 EMPLOYER: MARY J PALMER ER ADDRESS: 744 P ST MS 19 96 CITY ST ZIP: SACRAMENTO CA 95814 - 6413 REPORTED BY: CA REPORT PROCESSED: 11 / 19 / 2013 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 4TH / 2014 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2606. 00 EIN: 94 - 2629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 P ST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 03 / 24 / 2015 N ليبيا 9 T 2 6 WAGE INFO DATE: 04 / 10 / 2015 SSN: 5 I NDWG QUARTER PAID: 3RD / 2014 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2419. 00 EIN: EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 P ST MSc 9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 12 / 23 / 2014 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 2ND / 2014 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 168. 00 EIN: 95 - 4391249 EMPLOYER: THRIFTY PAYLESS INC ER ADDRESS: 200 NEWBERRY CMNS CITY ST ZIP: ETTERS PA 17319 - 9363 REPORTED BY: CA REPORT PROCESSED: 09 / 23 / 2014 $ 9 4 2 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 2ND / 2014 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2242. 00 EIN: 94 - 2629822 EIN: EMPLOYER: MGMT UNIT ER ADDRESS: 744 P ST MSc 9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 09 / 23 / 2014 N PYRL IST H WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 1sr / 2014 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2242. 00 EIN: 94 - 2629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 P ST MSc 9 - 500 CITY ST 2IP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 06 / 24 / 2014 2 نما 7 WAGE INFO DATE: 04 / 10 / 2015 SSN: 5 NDWG QUARTER PAID: 4TH / 2013 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2617. 00 EIN: 94 - 2629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 P ST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 03 / 25 / 2014 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 4TH / 2013 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2197: 00 EIN: 95 - 4391249 EMPLOYER: THRIFTY PAYLESS INC ER ADDRESS: PO BOX 839 CITY ST ZIP: CAMP HILL PA 17001 - 0839 168 9 EXHIBIT NO. 4D PAGE: 2 OF 2 REPORTED BY: CA REPORT PROCESSED: 03 / 25 / 2014 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 3RD / 2013 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2655. 00 EIN: 95 - 4391249 EMPLOYER: THRIFTY PAYLESS INC ER ADDRESS: PO BOX 839 CITY ST ZIP: CAMP HILL PA 17001 - 0839 REPORTED BY: CA REPORT PROCESSED: 12 / 24 / 2013 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 3RD / 2013 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 1541. 00 EIN: 94 - 2629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 P ST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT I AL SIDI E D. 1 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 2ND / 2013 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 5498. 00 EIN: 95 - 4391249 EMPLOYER: THRIFTY PAYLESS INC ER ADDRESS: PO BOX 839 CITY ST ZIP: CAMP HILL PA 17001 - 0839 REPORTED BY: CA REPORT PROCESSED: 09 / 27 / 2013 D WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 2ND / 2013 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 1835. 00 EIN: 94 - 2629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 P ST MSc 9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 09 / 24 / 2013 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2802 NDWG QUARTER PAID: 1ST / 2013 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 1814. 00 EIN: 94 - 2629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 P ST. MS9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 REPORTED BY: CA REPORT PROCESSED: 06 / 25 / 2013 WAGE INFO DATE: 04 / 10 / 2015 SSN: 572 - 37 - 2002 NDWG QUARTER PAID: 1ST / 2013 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 6436. 00 EIN: 95 - 4391249 EMPLOYER: THRIFTY PAYLESS INC ER ADDRESS: PO BOX 839 CITY ST ZIP: CAMP HILL PA 17001 - 0839 REPORTED BY: CA REPORT PROCESSED: 06 / 25 / 2013 169 9 - XHIBIT NO SD PAGE: 1 OF 2 NH NAME INPUT RUN DATE CONTROL GARY N SHARP 04 / 10 / 15 04 / 10 / 15 V: 07 / 15 / 14 572 - 37 - 2802 JR SN: 572 - 37 - 2802 PG 001 + DO: Y35 UNIT: GT DERO MOD: 03 EVENT ICERS EARNINGS RECORD TID CERTIFIED EARNINGS RECORD ALERTS FILING DATE USED BY SYSTEM EQUALS ONSET DATE PRIOR CLAIM DATA DOES NOT EXIST ON DRAMS POSSIBLE GAPS 2000 2001 2002 2003 2004 2005 POSSIBLE INCOMPLETES 1990 1999 2014 NH HAS 26 DIS EX YoC'S FOR NONCOVERED PENSION PIA NH HAS 26 Yoc'S FOR NONCOVERED PENSION PIA PRIOR PERIOD (S) OF DISABILITY NOT USED IN THE COMPUTATION INFORMTNL DISABLED NH IS FULLY INSURED RIB DISABILITY NON - EXCLUSION FULLY INSURED STATUS MET DISABILITY EXCLUSION FULLY INSURED STATUS MET DISABILITY NON - EXCLUSION 20 / 40 INSURED TEST MET NO RECOMPUTATION INCREASE - JAN 2015 DISABILITY EXCLUSION 20 / 40 INSURED TEST MET PRIOR CLAIM STATUS - A ID INFO REQ NAME: SHARP REQ SEX: M REQ DATE OF BIRTH: 07 / 28 / 1959 DATES DATE OF ONSET: 07 / 28 / 2013 DIB INPUT MBR / INPUT DATA ONSET: 07 / 28 / 2013 DENIAL / DISALLOWANCE: J1 INS STAT DISABILITY: EXCL REQ QC: 32 EXCL HAS: 040 NON - EXCL REQ QC: 32 NON - EXCL HAS: 040 DIS DLI: 12 / 19 OTHER: FIRST INSURED: 10 / 10 TOT COV SSA QC 1937 THRU 1950 QC: 0 WAGE QC AFTER 1946: 115 WAGE QC AFTER 1950: 115 AG QC: NONE TOT EARN SSA TOT AFTER 1936: TOT AFTER 1950: COMPUTATIONAL YEARLY EARNINGS MAX AMT YR QC REGULAR NH INDEXED RAILROAD RQSM DMW SE AG 22900 260 79 CCCC 8838. 84 33093. 01 25900 290 80 CCCC 14103. 31 48440. 22 29700 310 81 CCCC 18004. 09 56182. 61 32400 340 82 cccc 19935. 66 58964. 07 35700 370 83 CCCC 18995. 27 53572. 84 37800 390 84 cccc 23524. 05 62661. 92 39600 410 85 CCCC 27375. 50 69941. 31 42000 440 86 cccc 21175. 77 52542. 19 43800 460 87 cccc 22512. 71 52510. 62 45000 470 88 cccc 26429. 92 58753. 77 48000 500 89 CCCC 23182. 75 49572. 53 M O O O O Ꭸ . UR UN O O V N = N 170 9 - YHIBITNO NH NAME INPUT N SHARP GARY 04 / 10 / 15 PAGE: 2 OF 2 JR SN: 572 - 37 - 2802 PG 002 DO: Y35 UNIT: GT DERO MOD: 03 n } ليا لمعا COMPUTATIONAL YEARLY EARNINGS MAX AMT YR QC REGULAR U NH INDEXED RAILROAD RQSM DMW SE AG 51300 520 90 CCNN 1214. 10 2481. 53 53400 540 91 CCCC 24806. 99 48882. 01 55500 570 92 cccc 30050. 27 56312. 41 57600 590 93 CCCC 27872. 97 51786. 90 60600 620 94 CCCC 31445. 85 56898. 09 61200 630 95 cccc 23861. 43 41510. 93 62700 640 96 cccc 30166. 71 50033. 13 65400 670 97 cccc 28936. 79 45347. 19 68400 700 98 CCCC 28782. 95 42862. 72 72600 740 99 CNNN 1278. 76 1803. 77 76200 780 00 NNNN 80400 830 01 NNNN 84900 870 02 NNNN 87000 890 03 NNNN 87900 900 04 NNNN 90000 920 05 NNNN 94200 970 06 cccc 18310. 15 20360. 53 97500 1000 07 cccc 17142. 72 18234. 84 102000 1050 08 CCCC 21475. 12 22329. 57 106800 1090 09 cccc 22483. 99 23736. 55 1120 10 cccc 24310. 95 25072. 69 1120 11 CCCC 23940. 24 23940. 24 110100 1130 12 cccc 34894. 08 34894. 08 113700 1160 13 CCCC 24 592. 42 24592. 42 117000 1200 14 CCCC 9676. 15 9676. 15 118500 1220 15 NNNN COMP DATA DI - COMP TYPE: NS 78 DIS EX AIME: $ 3651. 00 EFF DATE: 01 / 14 PIA: $ 1651. 50 PIFC: L FAM MAX: $ 2477. 20 EFF DATE: 12 / 14 PIA: $ 1679. 50 PIFC: L FAM MAX: $ 2519. 30 START BASE YEAR / START DATE: 1951 LAST BASE YEAR / CLOSE DATE: 2013 DIVIDEND: $ 1183 029. 39 DM: 324 DOY: 5 YOC: I / Y: ELG YR: 2013 TRIAL COMPUTATIONS: NS 78 $ 1679. 50 SP MIN $ 705. 10 NS 78R $ 1679. 50 NS 78R DIS EX $ 1679. 50 LO O لا د S M O ON HHHHHH 171 9EXHIBIT NO. 6D Gary N. Sharp Jr. SSN: 572 - 37 - 2802 PAGE: 1 OF 2 Refer to: - 572 - 37 - 2802 - NDNH - T16 - DATE: 5 / 3 / 2016 SSR Does Not Exist and No MSSICS File - 572 - 37 - 2802 - NDNH - T2 - DATE: 5 / 3 / 2016 - WAGES INFO SSN: 572372802 QUARTER PAID: 3RD / 2015 NDWG QUARTER PAID: 3RD / 2015 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2316. 00 EIN: 942629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 PST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 12 / 22 / 2015 - WAGES INFO SSN: 572372802 QUARTER PAID: 2ND / 2015 NDWG QUARTER PAID: 2ND / 2015 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2557. 00 EIN: 942629822 EMPLOYER: DSS IHSSSYST PYRL MGMT UNIT ER ADDRESS: 744 PST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 9 / 22 / 2015 - WAGES INFO SSN: 572372802 QUARTER PAID: 1ST / 2015 NᎠᎳᏀ QUARTER PAID: 1ST / 2015 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: S 2606. 00 EIN: 942629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 PST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 6 / 23 / 2015 - WAGES INFO SSN: 572372802 QUARTER PAID: 4TH / 2014 NDWG QUARTER PAID: 4TH / 2014 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2606. 00 EIN: 942629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 PST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 3 / 24 / 2015 - WAGES INFO SSN: 572372802 QUARTER PAID: 3RD / 2014 NDWG QUARTER PAID: 3RD / 2014 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y 172 9EXHIBIT NO. 6D Gary N. Sharp Jr. SSN: 572 - 37 - 2802 PAGE: 2 OF 2 Refer to: WAGES PAID: $ 2419. 00 EIN: 942629822 EMPLOYER: DSS IHSS SYST PYRL MGMT UNIT ER ADDRESS: 744 PST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA 95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 12 / 23 / 2014 - WAGES INFO SSN: 572372802 QUARTER PAID: 2ND / 2014 NDWG QUARTER PAID: 2ND / 2014 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 168. 00 EIN: 954391249 EMPLOYER: THRIFTY PAYLESS INC ER ADDRESS: 200 NEWBERRY CMNS CITY ST ZIP: ETTERS PA 17319 - 9363 REPORTED BY: CA REPORT PROCESSED: 9 / 23 / 2014 WAGES INFO SSN: 572372802 QUARTER PAID: 2ND / 2014 NDWG QUARTER PAID: 2ND / 2014 NAME (F, MI, L): GARY SHARP NAME / SSN VERIFIED: Y WAGES PAID: $ 2242. 00 EIN: 942629822 EMPLOYER: DSS IHSSSYST PYRL MGMT UNIT ER ADDRESS: 744 P ST MSC 9 - 500 CITY ST ZIP: SACRAMENTO CA95814 - 6400 REPORTED BY: CA REPORT PROCESSED: 9 / 23 / 2014 - UNEMPLOY SSN: 572372802 QUARTER PAID: 4TH / 2015 NDUN QUARTER PAID: 4TH / 2015 NAME (F, MI, L): GARY N SHARP NAME / SSN VERIFIED: Y UNEMP AMOUNT: $ 0. 00 MAILED TO: 11628 PRATHER AVE CITY ST ZIP: WHITTIER CA 90606 - 1997 PAYER ID: CA REPORT PROCESSED: 1 / 11 / 2016 173 9EXHIBIT NO. 7D PAGE: 1 OF 2 NH NAME INPUT RUN DATE CONTROL GARY N SHARP 09 / 19 / 16 09 / 19 / 16 V: 07 / 15 / 14 572 - 37 - 2802 JR SN: 572 - 37 - 2802 PG 001 + DO: X65 UNIT: AS DERO MOD: 03 E DATE NAME: SHASTATUSNCREASE: JAN FRED, TESTTEST MET EVENT ICERS EARNINGS RECORD TID CERTIFIED EARNINGS RECORD ALERTS NH HAS 26 DIS EX YOC'S FOR NONCOVERED PENSION PIA PRIOR CLAIM DATA DOES NOT EXIST ON DRAMS POSSIBLE GAPS 2000 2001 2002 2003 2004 2005 POSSIBLE INCOMPLETES 1990 1999 NH HAS 26 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 NO RECOMPUTATION INCREASE - JAN 2015 NO RECOMPUTATION INCREASE - JAN 2016 PRIOR CLAIM STATUS - A ID INFO REQ NAME: SHARP REQ SEX: M REQ DATE OF BIRTH: 07 / 28 / 1959 DATES DATE OF ONSET: 07 / 28 / 2013 DIB INPUT MBR / INPUT DATA ONSET: 07 / 28 / 2013 DENIAL / DISALLOWANCE: J1 INS STAT DISABILITY: EXCL REQ QC: 32 EXCL HAS: 040 NON - EXCL REQ QC: 32 NON - EXCL HAS: 040 DIS DLI: 12 / 20 OTHER: FIRST INSURED: 10 / 10 TOT cov SSA QC 1937 THRU 1950 QC: O WAGE QC AFTER 1946: 119 WAGE QC AFTER 1950: 119 SE QC: NONE AG QC: NONE TOT EARN SSA TOT AFTER 1936: 657571. 26 TOT AFTER 1950: 657571. 26 COMPUTATIONAL YEARLY EARNINGS MAX AMT YR QC REGULAR NH INDEXED RAILROAD RQSM DMW SE AG 22900 260 79 cccc 8838. 84 33093. 01 25900 290 80 CCCC 14103. 31 48440. 22 29700 310 81 CCCC 18004. 09 56182. 61 32400 340 82 cccc 19935. 66 58964. 07 35700 370 83 cccc 18995. 27 53572. 84 37800 390 84 сCCC 23524. 05 62661. 92 39600 410 85 сCCC 27375. 50 69941. 31 42000 440 86 cccc 21175. 77 52542. 19 43800 460 87 ССҫс 22512. 71 52510. 62 45000 470 88 cccc 26429. 92 58753. 77 48000 500 89 cccc 23182. 75 49572. 53 H H H N | 174 9EXHIBIT NO. 7D PAGE: 2 OF 2 NH NAME INPUT N SHARP GARY 09 / 19 / 16 JR SN: 572 - 37 - 2802 PG 002 DO: X65 UNIT: AS DERO MOD: 03 ON NH COMPUTATIONAL YEARLY EARNINGS MAX AMT YR QC REGULAR NH INDEXED RAILROAD RQSM DMW SE AG 51300 520 90 CCNN 1214. 10 2481. 53 53400 540 91 CCCC 24806. 99 48882. 01 55500 570 92 cccc 30050. 27 56312. 41 57600 590 93 CCCC 27872. 97 51786. 90 60600 620 94 cccc 31445. 85 56898. 09 61200 630 95 CCCC 23861. 43 41510. 93 62700 640 96 cccc 30166. 71 50033. 13 65400 670 97 CCCC 28936. 79 45347. 19 68400 700 98 CCCC 28782. 95 42862. 72 72600 740 99 CNNN 1278. 76 1803. 77 76200 780 00 NNNN 80400 830 01 NNNN 84900 870 02 NNNN 87000 890 03 NNNN 87900 900 04 NNNN 90000 920 05 NNNN 970 06 CCCC 18310. 15 20360. 53 97500 1000 07 CCCC 17142. 72 18234. 84 102000 1050 08 CCCC 21475. 12 22329. 57 106800 1090 09 CCCC 22483. 99 23736. 55 1120 10 cccc 24310. 95 25072. 69 1120 11 CCCC 23940. 24 23940. 24 110100 1130 12 cccc 34894. 08 34894. 08 113700 1160 13 cccc 24592. 42 24592. 42 117000 1200 14 CCCC 9676. 15 9676. 15 118500 1220 15 CCCC 8250. 75 8250. 75 1260 16 NNNN COMP DATA DI - COMP TYPE: NS 78 DIS EX AIME: $ 3651. 00 EFF DATE: 01 / 14 PIA: $ 1651. 50 PIFC: L FAM MAX: $ 2477. 20 EFF DATE: 12 / 14 PIA: $ 1679. 50 PIFC: L FAM MAX: $ 2519. 30 EFF DATE: 12 / 15 PIA: $ 1679. 50 PIFC: L FAM MAX: $ 2519. 30 START BASE YEAR / START DATE: 1951 LAST BASE YEAR / CLOSE DATE: 2013 DIVIDEND: $ 1183029. 39 DM: 324 DOY: 5 Yoc: I / Y: ELG YR: 2013 TRIAL COMPUTATIONS: NS 78 $ 1679. 50 SP MIN $ 705. 10 NS 78R $ 1679. 50 NS 78R DIS EX $ 1679. 50 NS 78R $ 1679. 50 NS 78R DIS E $ 1679. 50 ON N 175 QRY DATE: 09 / 23 / 16 AN: 572 - 37 - 2802 DOC: X65 UNIT: EDEQY PG: 001 DEQR INPUT: YRS REQ: 2Case 3: 1, 7 - cV + 08209ETATIS DOCUMENT 19¥GENFiled 01 / 02 / 18 Page 16 of 19 EXHIBIT NO 3D MOGE & HEALTH INSURANCE; NON - COVERED DETAILS; EMPLOYER ADDRESS MEF: NA: G N SHARP DB: 07 / 1959 SX: MAK: PAGE: 1 OF 3 DETAIL COVERED FICA EARNINGS AND EMPLOYER NAME AND ADDRESS FOR YEARS REQUESTED 00 NONE 01 NONE 02 NONE 03 NONE 04 NONE 05 NONE EIN: 954391249 THRIFTY PAYLESS INC ATTN PAYROLL TAX DEPT 200 NEWBERG COMMONS ETTERS PA 17319 - 0000 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0006 AA G N SHARP 18310. 15 18310. 15 6057 - 86 – 10533 00707 V WAGE TOTAL 18310. 15 OASDI EMPLOYER TOTAL 18310. 15 06 OASDI YEARLY TOTAL 18310. 15 TOTAL COMP CONTROL NUMBER PR S 17142. 72 8080 - AM - 25449 00908 V EIN: 954391249 THRIFTY PAYLESS INC RPYR REO LOAC NAME EARNINGS 0007 AA G N SHARP 17142. 72 WAGE TOTAL 17142. 72 OASDI EMPLOYER TOTAL 17142. 72 07 OASDI YEARLY TOTAL 17142. 72 TOTAL COMP CONTROL NUMBER PR S 21475. 12 9092 - CM - 79372 01009 V EIN: 954391249 THRIFTY PAYLESS INC RPYR REO LOAC NAME EARNINGS 0008 AA G N SHARP 21475. 12 WAGE TOTAL 21475. 12 OASDI EMPLOYER TOTAL 21475. 12 08 OASDI YEARLY TOTAL 21475, 12 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC % PAYROLL TAX DEPT 200 NEWBERRY CMNS ETTERS PA 17319 - 9363 RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PRS 0009 AA AGT2 G N SHARP 22483. 99 22483. 99 0048 - AD - 02981 00510 V WAGE TOTAL 22483. 99 OASDI EMPLOYER TOTAL 22483. 99 09 OASDI YEARLY TOTAL 22483. 99 176 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0010 AA AGT2 GcaseS: 97 - cv - 0826GJAT95Docurierit 1126 1Piled 01 / 02 / 18 °Pagle 17 of 19 EXHIBIT NO. 8D WAGE TOTAL 24310. 95 OASDI EMPLOYER TOTAL 24310. 95 PAGE: 2 OF 3 10 OASDI YEARLY TOTAL 24310. 95 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR s 0011 AA AGT1 G N SHARP 23940. 24 23940. 24 2058 - AU - 85809 00712 V WAGE TOTAL 23940. 24 OASDI EMPLOYER TOTAL 23940. 24 11 OASDI YEARLY TOTAL 23940. 24 0 0 0 EIN: 9 4 2 9 8 2 2 EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR s 0012 AA AGT1 G N SHARP 23939. 28 23939. 28 3039 - AG - 27933 00513 V WAGE TOTAL 23939. 28 OASDI EMPLOYER TOTAL 23939. 28 IHSS RECIPIENTS PO BOX 940 ROSEVILLE CA 95747 - 0000 0012 AP G N SHARP 10954. 80 10954. 80 3088 - AC - 32055 01213 V HOUSEHOLD TOTAL 10954. 80 OASDI EMPLOYER TOTAL 10954. 80 12 OASDI YEARLY TOTAL 34894. 08 Сл Сл Сл EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR s 0013 AA AGT1 G N SHARP 16785. 54 16785. 54 4070 - DR - 98008 00514 V WAGE TOTAL 16785. 54 OASDI EMPLOYER TOTAL 16785. 54 EIN: 942629822 IHSS RECIPIENTS 0013 AA G N SHARP 7806. 88 7806. 88 4090 - CP - 62454 00814 V WAGE TOTAL 7806. 88 OASDI EMPLOYER TOTAL 7806. 88 13 OASDI YEARLY TOTAL 24592. 42 00 00 00 000 N EIN: 010910097 RITE AID PAYROLL MANAGEMENT INC RPYR REO LOAC NAME EARNINGS TOTAL COMP CONTROL NUMBER PR S 0014 AA AGT1 G N SHARP 167. 94 167. 94 5048 - AL - 52064 00615 V WAGE TOTAL 167. 94 OASDI EMPLOYER TOTAL 167. 94 EIN: 942629822 IHSS RECIPIENTS 0014 AP G N SHARP 9508. 21 9508. 21 5064 - AU - 63572 00815 V HOUSEHOLD TOTAL 9508. 21 OASDI EMPLOYER TOTAL 9508. 21 14 OASDI YEARLY TOTAL 9676. 15 ON 9 8. 2 2 TOTAL COMP CONTROL NUMBER PR S 8250, 75 6055 - AA - 75821 00716 V EIN: RECIPIENTS RPYR REO LOAC NAME EARNINGS 0015 AP G N SHARP 8250. 75 HOUSEHOLD TOTAL 8250. 75 OASDI EMPLOYER TOTAL 8250. 75 15 OASDI YEARLY TOTAL 8250. 75 16 NONE 177 DETAIL NON - COVERED EARNINGS AND W - 2 PENSION DATA AND EMPLOYER NAME AND ADDRESS FOR YEARS REQUESTED NO NON - COVERED EARNINGS AND W – 2 PENSION DATA POSTED FOR YEARS REQUESTED 9 EXHIBIT NO. 8D REMARKS PAGE: 3 OF 3 CLAIMS ACTIVITY - - SEE MBR 178 SEQY DTE: 09 / 23 / 16 AN: 572 - 37 - 2802 DOC: X65 UNIT: ESEQY Case 3: 17 - cy - 08209 - JAT, Document 11 - 6. Filęd 01 / 02 / 18 MEF QN: 5 7 - 2802 ' NA: G N SHARP DB: 07 / 1959 SX: MAK: Page 19 PEXET: EXHIBIT NO. 9D PAGE: 1 OF 1 SUMMARY FICA EARNINGS FOR YEARS REQUESTED YEAR EARNINGS YEAR EARNINGS YEAR EARNINGS YEAR EARNINGS 2000. 00 2005. 00 2009 22483. 99 2013 24592. 42 2001. 00 2006 18310. 15 2010 24310. 95 2014 9676. 15 2002. 00 2007 17142. 72 2011 23940. 24 2015 8250. 75 2003. 00 2008 21475. 12 2012 34894. 08 2016. 00 2004. 00 SUMMARY MQGE EARNINGS FOR YEARS REQUESTED NO MQGE EARNINGS FOR YEARS REQUESTED REMARKS CLAIMS ACTIVITY - - SEE MBR 179

MOTION to Amend/Correct [5] Order by 2 days by Gary N Sharp, Jr.

1 Edward A. Wicklund 2 Olinsky Law Group 300 South State Street 3 Suite 420 4 Syracuse, NY 13202 N.Y. Bar No. 2044865 5 Telephone: (315) 701-5780 6 Facsimile: (315) 701-5781 twicklund@windisability.com 7 8 Attorney pro hac vice for Plaintiff 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 GARY N. SHARP, JR., 12 Plaintiff, 13 v. No. 3:17-cv-08209-JAT 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 __________________________________ 17 UNOPPOSED MOTION TO AMEND BRIEFING SCHEDULE 18 (First Request) 19 Plaintiff, Gary N. Sharp, Jr., through counsel, Edward A. Wicklund, Esq., moves 20 for extension of time of two days, up to and including March 7, 2018, to file his Opening 21 22 Brief. The Opening brief is currently due today, Saturday, March 03, 2018, making the 23 actual due date today, Monday, March 05, 2018. This motion is being made pursuant to 24 Fed. R. Civ. P. 6(b)(1) and is supported by the following declaration. 25 26 Counsel's office contacted the Defendant's counsel, who indicated the acting 27 Commissioner does not object to this extension. 28 1 1 Respectfully submitted this 5th day of March, 2018. 2 3 4 BY: s/Edward A. Wicklund Edward A. Wicklund, Esq. 5 Attorney for Plaintiff, Pro Hac Vice 6 7 CERTIFICATE OF SERVICE 8 Service of this document was made to Heather Griffith, Esq., counsel for defendant 9 Acting Commissioner, by the CM/ECF system that generated a notice of electronic filing 10 11 to all registered users of the CM/ECF system. Service was accomplished as of the date 12 that is stamped on the filed document by the CMECF system. . 13 14 15 /s/Edward A.Wicklund Edward A. Wicklund, Esq. 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Text of Proposed Order

1 Edward A. Wicklund 2 Olinsky Law Group 300 South State Street 3 Suite 420 4 Syracuse, NY 13202 N.Y. Bar No. 2044865 5 Telephone: (315) 701-5780 6 Facsimile: (315) 701-5781 twicklund@windisability.com 7 8 Attorney pro hac vice for Plaintiff 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 GARY N. SHARP, JR., 12 Plaintiff, 13 v. No. 3:17-cv-08209-JAT 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 __________________________________ 17 ORDER GRANTING MOTION FOR EXTENSION OF TIME 18 TO FILE OPENING BRIEF 19 This unopposed Motion to Amend the Scheduling Order of time seeks an 20 extension of time from March 5, 2018 to March 7, 2018 for Plaintiff to file his Opening 21 22 Brief in this Social Security disability appeal. Counsel indicates that the motion is 23 unopposed by defendant Acting Commissioner. Having considered the unopposed 24 Motion and in consideration of the Counsel's good cause shown, this Court concludes 25 26 that the unopposed motion extending time is granted. 27 28 1 1 It is hereby ORDERED that the unopposed Motion to Amend the 2 scheduling order is GRANTED, and the extension of two days is allowed such that the 3 4 Opening Brief shall be filed on or before March 7, 2018. 5 DATED this _______ day of _____________, 2018 6 7 8 _________________________ 9 Honorable James A. Teilborg United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

DECLARATION of Edward Wicklund regarding amending the scheduling order re: [12] MOTION to Amend/Correct [5] Order by 2 days. filed by Gary N Sharp, Jr.

1 Edward A. Wicklund 2 Olinsky Law Group 300 South State Street 3 Suite 420 4 Syracuse, NY 13202 N.Y. Bar No. 2044865 5 Telephone: (315) 701-5780 6 Facsimile: (315) 701-5781 twicklund@windisability.com 7 8 Attorney pro hac vice for Plaintiff 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 GARY N. SHARP, JR., 12 Plaintiff, 13 v. No. 3:17-cv-08209-JAT 14 Declaration of Edward A. Wicklund 15 COMMISSIONER OF SOCIAL SECURITY, 16 Defendant. __________________________________ 17 18 19 I, Edward A. Wicklund, declare as follows: 20 1. I am attorney for Plaintiff in this matter. 21 2. Plaintiff's brief is currently due to be filed on or before Saturday, March 3, 2018, 22 effectively making the due date today, Monday, March 5, 2018. 23 3. I need additional time to prepare Plaintiff's brief in this case. I am in charge of our 24 25 federal court department which has multiple simultaneous deadlines due today. 26 Further, an attorney from my office assisting me on this briefing is unexpectedly 27 absent today, making completing this brief in a thorough and timely fashion 28 impossible. 1 4. Due to the press of my workload and my firm's workload, I am requesting a two-day 2 extension to file our opening brief in this matter. 3 5. I have spoken with the Commissioner's attorney and she has no objection to this 4 5 request. 6 6. The parties have agreed to extend Plaintiff's due date for her opening brief to March 7 7, 2018. A two-day extension will help resolve this matter expeditiously and 8 thoroughly in this very important matter to Plaintiff. 9 Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is 10 11 true and correct. 12 13 Executed this 5th day of March 2018. 14 15 /s/Edward A. Wicklund 16 Edward A. Wicklund, Esq. Olinsky Law Group 17 Admitted Pro Hac Vice Attorneys for Plaintiff 18 One Park Place 19 300 South State Street, Suite 420 Syracuse, New York 13202 20 Phone: (315) 701-5780 Facsimile: (315) 701-5781 21 Email: twicklund@windisability.com 22 23 24 25 26 27 28 1 CERTIFICATE OF SERVICE 2 Service of this document was made to Heather Griffith, Esq., counsel for defendant 3 4 Acting Commissioner, by the CM/ECF system that generated a notice of electronic filing 5 to all registered users of the CM/ECF system. Service was accomplished as of the date 6 that is stamped on the filed document by the CMECF system. 7 8 9 /s/Edward A.Wicklund Edward A. Wicklund, Esq. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER granting [12] Motion to Amend Scheduling Order such that the Opening Brief shall be filed on or before March 7, 2018. Signed by Senior Judge James A Teilborg on 3/6/18.

1 2 3 4 5 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 7 8 GARY N. SHARP, JR., Plaintiff, 9 10 v. CV 17-08209-PCT-JAT 11 COMMISSIONER OF SOCIAL SECURITY, ORDER Defendant. 12 __________________________________ 13 IT IS ORDERED granting the unopposed Motion to Amend the scheduling order 14 15 (Doc. 12) such that the Opening Brief shall be filed on or before March 7, 2018. 16 Dated this 6th day of March, 2018. 17 18 19 20 21 22 23 24 25 26 27 28 1

OPENING BRIEF by Gary N Sharp, Jr.

6 1 Edward A. Wicklund 2 Attorney for Plaintiff Admitted Pro Hac Vice 3 One Park Place 4 300 South State St., Suite 420 5 Syracuse, New York 13202 Phone: (315) 701-5780 6 Facsimile: (315) 701-5781 7 Email: twicklund@windisability.com 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 Gary N. Sharp, Jr. No. CV-17-08209-PCT-JAT 11 12 13 Plaintiff, 14 OPENING BRIEF OF PLAINTIFF [Dist. Ariz. Local Rule Civil 16.1(a)] 15 16 vs. 17 18 19 20 Nancy A. Berryhill, Acting 21 22 Commissioner of Social Security, 23 24 Defendant 25 26 27 STATEMENT OF THE ISSUES 28 1. The ALJ's residual functional capacity determination is not supported by 1 6 1 substantial evidence because the ALJ provided inadequate weight to treating 2 physician Dr. Aval and gave inadequate reasoning in discounting the opinion. 3 4 5 STATEMENT OF THE CASE 6 7 On February 11, 2014, Gary N. Sharp, Jr., ("Plaintiff") filed an application for 8 Title II Disability Insurance Benefits, alleging disability beginning July 28, 2013 9 10 due to herniated disc, severe back pain, lumbar spine impairment, and unsuccessful 11 back surgery. Administrative Transcript ("T") at 15, 162, 183. Plaintiff's claim 12 was denied initially on August 26, 2014. T 85. Plaintiff then requested a hearing 13 14 (T 91), and a hearing was held in front of an ALJ on September 27, 2016. T 33-71. 15 After the Hearing, ALJ Christa Zamora denied Plaintiff's claim on November 29, 16 17 2016. T 15-23. 18 In the decision, the ALJ found that Plaintiff meets the insured status 19 requirements through December 31, 2020, and has not engaged in substantial 20 21 gainful activity since July 28, 2013, the alleged onset date. T 17. She found 22 Plaintiff suffers from the following severe impairments: sciatica, lumbar 23 24 radiculitis, post laminectomy syndrome, disc extrusion abutting nerve root, left 25 shoulder impairment, and obesity. T 18. The ALJ found that Plaintiff does not 26 27 have an impairment or combination of impairments that meets or medically equals 28 one of the listed impairments. T 18. The ALJ determined that Plaintiff has the 2 6 1 residual functional capacity ("RFC") to perform light work, except he: 2 is limited to occasionally climbing ramps and stairs, but never 3 ladders, ropes, or scaffolds. The [Plaintiff] is limited to 4 occasionally balancing, stooping, kneeling, crouching, and 5 crawling. The [Plaintiff] is limited to frequently reaching overhead with the right upper extremity. 6 7 T 18. Based upon this residual functional capacity and corollary 8 hypothetical to a vocational expert, the ALJ found that Plaintiff can perform past 9 10 relevant work as a pharmacy technician and home health aide, thus finding him not 11 disabled. T 22-23. 12 On August 23, 2017, the Appeals Council denied review, making the ALJ's 13 14 unfavorable decision the final decision of the Commissioner. T 1-6. This action 15 followed. This Court has jurisdiction. 42 U.S.C. § 405(g). 16 17 STATEMENT OF FACTS 18 Plaintiff was 54 years old on the alleged onset date. T 162. He was 57 years 19 old at the date of the ALJ decision. T 23, 162. He completed one year of college. 20 21 T 184. He has past work as a press operator in printing from 1981 to 2006, and 22 past work as a pharmacy technician from 2006 to 2013. T 184. 23 24 A. Medical Evidence 25 On August 1, 2013, MRI of Plaintiff's lumbar spine revealed the following 26 27 impression: (1) L4-L5 left posterolateral disc extrusion abutting the left L5 nerve 28 root in the left L5 lateral recess; (2) small right posterolateral L5-S1 disc protrusion 3 6 1 extends up to but does not displace the right S1 nerve root; (3) status post right L5- 2 S1 hemilaminectomy that correlated with surgical history; and (4) multilevel facet 3 4 arthropathy. T 248. 5 On August 30, 2013, Plaintiff treated with Soheil M. Aval, M.D., Plaintiff's 6 7 treating physician, for a workers' compensation evaluation. T 251. Here, it was 8 noted on July 8, 2013, Plaintiff was in the bathroom of his job (working as a 9 10 pharmacy technician) where he slipped landing on his buttocks. T 252. Dr. Aval 11 noted Plaintiff had undergone two previous back surgeries and reported a full 12 recovery until this most recent injury. T 253. Plaintiff stated his pain radiates into 13 14 his left buttock and down the back of his left leg into the calf with numbness and 15 tingling of the top of his left foot, sole of his left foot, and into all toes. T 254. He 16 17 also reported weakness in his left leg, and that his pain increases with any kind of 18 movement, walking, standing, sitting, bending and twisting. T 254. On 19 examination, Dr. Aval found Plaintiff walking with an antalgic gait, tenderness to 20 21 palpation over the midline and left-sided lumbar spine, and painful range of 22 motion. T 255. Straight leg raise was positive on the left when performed in the 23 24 supine and sitting positions. T 255. Plaintiff could not perform heel and toe 25 walking, had tightness bilaterally in the hamstrings, and had a positive Lasegue's 26 27 (straight leg raise) sign on the left. T 255. There was decreased sensation 28 bilaterally over much of Plaintiff's lower extremities, and there was muscle 4 6 1 strength weakness in these areas as well. T 255. Dr. Aval diagnosed lumbar spine 2 herniated disc at L4-L5 and L5-S1 (as confirmed by MRI), lumbar spine 3 4 radiculopathy, and "lumbar spine, L5-S1, right hemilaminectomy, pre-existing." T 5 256. In a summary of the treatment, Dr. Aval noted Plaintiff was in "severe 6 7 distress" and indicated physical therapy would not help because Plaintiff "cannot 8 really do anything." T 256. Dr. Aval planned to refer Plaintiff to a surgical 9 10 specialist and to a pain management specialist. T 256. Dr. Aval opined Plaintiff is 11 temporarily totally disabled after the two-hour and fifteen-minute treatment. T 12 257. 13 14 On September 17, 2013, Plaintiff treated with Georges F. Elkhoury, M.D., at 15 the Comprehensive Pain Care Medical Center per the referral of Dr. Aval for low 16 17 back, left hip, and left leg pain. T 276. It was noted Plaintiff was lying down and 18 crying, and of note, when Plaintiff was completing paperwork he was lying on the 19 floor while waiting to be seen. T 276. Plaintiff reported that he cannot sit up for 20 21 more than two to three minutes. T 276. Plaintiff indicated the earliest he could see 22 a surgeon was in October, and that Norco did not help him at all as Plaintiff could 23 24 not even stand up after using it. T 276-77. On examination, Dr. Elkhoury found 25 Plaintiff was "in a seemingly unbearable amount of pain." T 278. Plaintiff was 26 27 walking slowly and was limping to the left to ambulate around the room. T 288. 28 There was "severe tenderness, spasm and radiation at L3, L4, L5, and S1" with 5 6 1 moderately reduced range of motion with left and right lateral lumbar rotation. T 2 278. Plaintiff "experienced sensation that was decreased to touch and decreased to 3 4 cold upon examination of the left lower extremities." T 278. Straight leg raise in 5 the supine position was positive on the left. T 279. Dr. Elkhoury felt Plaintiff's 6 7 pain was caused by "irritation of the nerves at the root level, possible scar tissue 8 around the area of surgery, and hyperactive nerve from the spine surgery irritated 9 10 by the scar and causing burning and hypersensitivities." T 279. Dr. Elkhoury 11 diagnosed lumbar radiculitis/neuritis and postlaminectomy syndrome of the lumbar 12 region. T 280. Dr. Elkhoury prescribed Percocet and Soma, and sought 13 14 authorization for a transforaminal nerve block. T 279. 15 On September 30, 2013, Dr. Elkhoury made the same examination findings, 16 17 performed a left transforaminal nerve block, and continued Plaintiff on Percocet 18 and soma. T 312-15. Prior to the block Plaintiff described his pain as 10/10 and as 19 aching, continuous, radiating, sharp, and shooting. T 312. Plaintiff stated that 20 21 lifting, getting up out of a chair, standing up straight, repetitive movement, 22 housework, activities, applying pressure, bending, climbing stairs, blowing his 23 24 nose, standing, pushing and pulling, walking, and sitting too long exacerbated his 25 problems. T 312. 26 27 On November 6, 2013, Plaintiff treated with Dr. Aval for a workers' 28 compensation primary treating physician progress report. T 259. Dr. Aval relayed 6 6 1 that Plaintiff had seen a spine specialist in October of 2013 who recommended 2 "urgent surgical intervention." T 259. Dr. Aval indicated Plaintiff had radiating 3 4 pain from the low back into the left lower extremity, with numbness and tingling 5 into the left lower extremity. T 259. Examination revealed tenderness to the 6 7 midline lumbar spine at L4-S1, bilateral paraspinals, bilateral sciatic notches left 8 greater than right, and from the left gluteus to the left foot. T 259. There was also 9 10 hamstring tightness and decreased sensation to light touch to the left thigh, 11 posterior calf, and entire left foot. T 259. Dr. Aval diagnosed lumbar spine 12 herniated disc at L4-L5 and L5-S1, and lumbar spine radiculopathy. T 260. Dr. 13 14 Aval stated Plaintiff required "immediate back surgery" and that Plaintiff was 15 temporarily totally disabled. T 260. It appears Plaintiff could not get surgery 16 17 because workers' compensation was currently denying his claim. T 260. 18 On November 25, 2013, Plaintiff treated with Dr. Elkhoury where Plaintiff 19 reported the nerve block helped him for a few weeks but that his pain had returned 20 21 affecting his sleep and daily activities. T 306. On examination, Dr. Elkhoury 22 again found Plaintiff "in a seemingly unbearable amount of pain." T 308. Dr. 23 24 Elkhoury again found Plaintiff walking slowly and limping. T 308. There again 25 was severe tenderness from L3-S1, and moderately reduced lumbar extension and 26 27 left lateral lumbar rotation. T 308. Dr. Elkhoury again found sensation on the left 28 lower extremities decreased to touch, and a positive straight leg raise supine test on 7 6 1 the left. T 309. Dr. Elkhoury diagnosed sciatica, lumbar radiculitis/neuritis, and 2 postlaminectomy syndrome of the lumbar region. T 310. He continued Soma and 3 4 Percocet and planned for Plaintiff to receive another injection. T 309-10. 5 Between November 2013 and March 2014, Plaintiff treated with Dr. Aval on at 6 7 least four occasions. On November 25, 2013, examination showed tenderness to 8 palpation over the midline lumbar spine, the bilateral paraspinals, the bilateral 9 10 sciatic notches, and the bilateral gluts. T 351. Plaintiff's pain radiated from the 11 left glut down the left posterior thigh and calf to the left plantar foot/toes. T 31. 12 There was bilateral hamstring tightness. T 351. Plaintiff also had decreased 13 14 sensation with numbness and tingling of the left posterior thigh, calf and plantar 15 aspect of the left foot and toes. T 351. Dr. Aval diagnosed lumbar spine herniated 16 17 disc at L4-L5 and L5-S1, and lumbar spine radiculopathy. T 351. He opined 18 Plaintiff remained temporarily totally disabled. Dr. Aval made similar examination 19 findings, and opinions in December of 2013 (T 262-63), January 2014 (T 265-66),1 20 21 February 2014 (T 267), and March 2014 (T 269-70). 22 On April 2, 2014, Dr. Aval completed a lumbar spine impairment questionnaire 23 24 25 1 At this visit and subsequent visits he also diagnosed a left shoulder sprain/strain 26 due to overcompensation and examination of the left shoulder showed tenderness to palpation over the anterior/superior aspects, as well as the left trapezius. Neer 27 and Hawkins testing was positive, and there was pain with flexion, abduction, and 28 external rotation. T 265. Dr. Ava pushed for spinal surgery but noted Plaintiff's workers' compensation claim was currently denied. T 266. 8 6 1 outlining Plaintiff's limitations from his lumbar spine problems and left shoulder 2 problems. T 358. Dr. Aval outlined the significant lumbar spine MRI taken in 3 4 August 2013. T 358 (discussed supra). Dr. Aval further noted the similar 5 examination findings he made at nearly every visit. T 358. He noted Plaintiff's 6 7 symptoms included "constant left shoulder pain which increases with reaching and 8 holding with [the] left arm; constant low back pain that radiates down [the] left 9 10 leg." T 359. Dr. Aval opined the following: Plaintiff can sit 2 hours in an 8-hour 11 workday; he can stand/walk 2 hours in an 8-hour workday; he cannot sit 12 continuously in a work setting; he would need to get up and move around for 10 13 14 minutes every 2 hours before returning to sit again; he should not stand/walk 15 continuously in a work setting; he can occasionally lift/carry 10 to 20 pounds but 16 17 never more; his symptoms would frequently be severe enough to interfere with 18 attention and concentration; his impairments would last at least 12 months; he is 19 not a malingerer; he would need unscheduled breaks every 2 hours lasting 10 to 15 20 21 minutes in duration; he would have good and bad days; he cannot push, pull, bend, 22 or stoop and would need to avoid heights; and he would miss work about once per 23 24 month as a result of impairments or treatment. T 360-63. Dr. Aval wanted Plaintiff 25 to continue pain management and continued to push for surgery. T 362. 26 27 In August and October of 2014, Plaintiff treated with an unknown doctor or 28 doctors for lower back pain with the barely legible notes seeming to show positive 9 6 1 straight leg raise tests bilaterally and decreased range of motion. T 373-74. 2 On February 24, 2015, Plaintiff treated with Herman Carrillo, M.D., at the same 3 4 clinic as the unknown doctors for back pain. T 367. Examination appears to reveal 5 pain to palpation of the spine although the handwriting is difficult to read. T 367. 6 7 In June of 2015, Plaintiff underwent another MRI which revealed the following 8 impression: (1) post-surgical changes after the right L5 hemilaminectomy and right 9 10 L4 semi-hemilaminectomy; (2) moderate degenerative facet changes at L4-L5 with 11 a small posterior synovial cyst seen; (3) central 3 mm disc protrusion at T6-T7 12 mild effacing the ventral CSF and mild distorting the cord without cord signal 13 14 abnormality; and (4) small right paracentral disc osteophyte complexes measuring 15 1-2 mm at T4-5 and T5-T6 mild effacing the right ventral CSF without distortion 16 17 of the cord. T 457-58. 18 On June 23, 2015, Plaintiff treated with Scott Lederhaus, M.D. for a surgical 19 back pain evaluation where it was noted Plaintiff settled his workers' 20 21 compensation claim but never underwent surgery. T 489. Plaintiff continued to 22 report significant radiating back pain. T 489. Examination revealed give out 23 24 weakness diffusely in the legs, an antalgic gait and slow walking due to back pain, 25 and a positive straight leg raise test at 60 degrees. T 489. Dr. Lederhaus stated he 26 27 did not think there was anything to offer surgically, but it would be useful for 28 Plaintiff to undergo an EMG/NCV to see if he had neuropathy. T 490. 10 6 1 The EMG study taken August 21, 2015 revealed the following impression: (1) 2 motor sensory neuropathy predominantly axonal; and (2) lumbar radiculopathy at 3 4 L5-S1 "with some component of L4 [right] and [left], I would describe it as mild to 5 moderate." T 460. 6 7 On December 21, 2015, Plaintiff treated with pain management physician Ben 8 Shwachman, M.D. for low back pain that radiated into both extremities. T 492. 9 10 Neurological evaluation showed "decreased L4 on [the] right and paresthesias on 11 right L5-S1 bilaterally equal." T 493. There was also weakness with 12 dorsal/plantar flexion on both the left and right but worse on the right. T 493. Dr. 13 14 Shwachmann diagnosed arachnoiditis. T 493. 15 On January 12, 2016, Plaintiff treated with David E. Zinke, M.D. for a 16 17 neurosurgical evaluation where Plaintiff reported continued radiating back pain 18 with symptoms present with sitting, standing, and walking. T 486. It was noted 19 Plaintiff tried to avoid walking as much as possible but when he does he walk he 20 21 used a cane in his right hand. T 486. Dr. Zinke recorded that the June 2016 MRI 22 showed "a little bit of clumping of the nerve roots, possibly lower lumbar." T 486. 23 24 Examination showed a positive straight leg raise test with some discomfort in the 25 posterior thigh area bilaterally. T 487. The FABERE2 test was positive on the 26 27 2 28 Acronym for flexion, abduction, external rotation, and extension of the hip. It is used to identify hip arthritis or sacroiliac dysfunction. FABERE test, 11 6 1 right, and getting from a sitting to a standing position was slow and cautious. T 2 487. There was significant right greater trochanteric tenderness as well as 3 4 sacroiliac tenderness. T 487. The patellar reflex was moderately reduced, and 5 range of motion in the back was limited in flexion to 20 degrees. The Achilles 6 7 reflexes were moderately reduced, and Plaintiff had hypalgesia of the lateral foot. 8 T 487. Dr. Zinke diagnosed the following: (1) right sacroiliitis; (2) right greater 9 10 trochanter bursitis; (3) possible neuritis such as arachnoiditis; and (4) previous 11 laminectomy and foraminotomy L5-S1 right x 2. T 487. A spinal morphine pump 12 was considered and Dr. Zinke wanted steroid injections in the right sacroiliac and 13 14 right greater trochanteric area. T 487. 15 On June 28, 2016, Plaintiff treated with Keith T. Ryan, M.D., where it was 16 17 indicated he had moved from California to Arizona and was establishing care. T 18 517. Examination showed Plaintiff was uncomfortable due to pain. T 518. Dr. 19 Ryan referred Plaintiff to pain management. T 518. 20 21 On September 2, 2016, Katherine Costa, NP, completed a pain assessment 22 indicating she treated Plaintiff June 29, 2016 and on August 24, 2016 and that she 23 24 treated him monthly. T 507. She indicated Plaintiff would have pain if he was in 25 any position for too long, including lying down, sitting, or standing. T 407. She 26 27 28 https://medical-dictionary.thefreedictionary.com/FABERE+test (last visited Mar. 7, 2018). 12 6 1 cited an MRI to support her findings. T 507. She stated the Percocet and 2 Cyclobenzaprine made Plaintiff sleepy, and that he should not drive or operate 3 4 equipment. T 510. She indicated Plaintiff had cognitive limitations such as 5 decreased attention, decreased concentration, inability to focus for two hours at a 6 7 time, and impaired short-term memory. T 510. She opined Plaintiff cannot sit, 8 stand, or walk for an hour in an 8-hour workday; that he should avoid continuous 9 10 sitting and would need to get up every 20 minutes; that he cannot lift or carry more 11 than 5 pounds; that he can never or rarely grasp, turn and twist objects; that he can 12 occasionally use his hands/fingers for fine manipulations; and that he can 13 14 never/rarely use his arms for reaching. T 512. She opined his pain would 15 frequently interfere with his attention and concentration; that he would need 16 17 unscheduled breaks during an 8-hour workday at least once an hour lasting 20 18 minutes in duration; and that he would miss work more than 3 times per month as a 19 result of his impairments and treatment. T 512-13. 20 21 22 B. Hearing Testimony 23 24 Plaintiff testified to the following: He has received 4 to 5 lidocaine shot 25 treatments from NP Costa. T 48. He cannot work due to excruciating pain and feels 26 27 he would be a burden on whomever hired him. T 52. Without pain medication he 28 can sit 45 minutes to an hour at most. T 52. With medication he can sit for maybe 13 6 1 two hours. T 52. If he were able to shift a little, he could stand 20 minutes. T 53. 2 He would need assistance to walk one-eighth of a mile. T 53. He would have to 3 4 walk very slowly, take breaks, and use a cane. T 54. He cannot do vacuuming or 5 sweeping. T 55. When he drives he often has to stop. T 56. He cannot put his 6 7 own shoes on and his sister significantly helps him with chores. T 57. 8 The Vocational Expert ("VE") testified that given the ALJ's residual functional 9 10 capacity, Plaintiff could perform past work as a pharmacy tech and home health 11 aide. T 67. If such a person were off task 10 percent of the day or over once per 12 month they could not perform any work. T 68. If a person required a sit/stand 13 14 option with the ALJ's residual functional capacity they could perform work as a 15 home health aide but could not be a pharmacy tech. T 69. 16 17 Argument 18 Pursuant to 42 U.S.C. § 405(g) this Court may review the record to determine 19 whether the Commissioner applied the proper legal standards and whether 20 21 substantial evidence supports the final agency decision to deny Plaintiff benefits. 22 Substantial evidence means more than a scintilla, "[i]t means such relevant 23 24 evidence as a reasonable mind might accept as adequate to support a conclusion." 25 Richardson v. Perales, 402 U.S. 389, 400 (1971) (quoting Consolidated Edison 26 27 Co. v. NLRB, 305 U.S. 229 (1938)). An individual is considered disabled for 28 purposes of disability benefits if she is unable to "engage in any substantial gainful 14 6 1 activity by reason of any medically determinable physical or mental impairment 2 which can be expected to result in death or which has lasted or can be expected to 3 4 last for a continuous period of not less than 12 months." 42 U.S.C. § 423(d)(1)(A). 5 1. The ALJ's residual functional capacity determination is not supported 6 by substantial evidence because the ALJ provided inadequate weight to 7 treating physician Dr. Aval and give inadequate reasoning in discounting the opinion. 8 9 Residual functional capacity ("RFC") "means the most an individual can do after 10 11 considering the effects of physical and/or mental limitations that affect the ability to 12 perform work-related tasks." Lupo v. Colvin, No. CV-13-661, 2014 U.S. Dist. LEXIS 13 80735, at *2 n.2 (D. Ariz. June 13, 2014) (Anderson, M.J) (citing 20 C.F.R. § 14 15 404.1545(a)(1)-(2)). 16 The ALJ determined that Plaintiff has the residual functional capacity ("RFC") 17 to perform light work, except he: 18 19 is limited to occasionally climbing ramps and stairs, but never 20 ladders, ropes, or scaffolds. The [Plaintiff] is limited to occasionally balancing, stooping, kneeling, crouching, and 21 crawling. The [Plaintiff] is limited to frequently reaching overhead 22 with the right upper extremity. 23 T 18. However, the ALJ's decision is unsupported by substantial evidence as the 24 25 ALJ improperly discounted the opinion of Dr. Aval, whose opinion is highly 26 supported by the medical evidence of record. Dr. Aval's opinion would limit 27 Plaintiff to less than sedentary work, and this is supported by substantial evidence, 28 15 6 1 whereas the ALJ's limitation to light work (and thus allowing for a finding at Step 2 4 Plaintiff can perform past relevant work), is simply not supported as Plaintiff 3 4 clearly cannot handle, inter alia, the standing limitations of light work. Indeed, 5 Plaintiff cannot perform sedentary work and should be found disabled as the 6 7 evidence in this case overwhelmingly supports a finding of disability as will be 8 discussed in this argument. 9 10 With respect to Dr. Aval's opinion, "the ALJ must give specific, legitimate 11 reasons for disregarding the opinion of the treating physician." Batson v. Comm'r 12 of Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir. 2004)). "[T]o reject the 13 14 testimony of a medically acceptable treating source, the ALJ must provide specific, 15 legitimate reasons based on substantial evidence in the record." Molina v. Astrue, 16 17 674 F.3d 1104, 1111 (9th Cir. 2012) (citations omitted). A treating physician's 18 opinion is given controlling weight when it "is well-supported by medically 19 acceptable clinical and laboratory diagnostic techniques and is not inconsistent 20 21 with the other substantial evidence in [the] case record." 20 C.F.R. § 22 404.1527(c)(2). Even if a treating physician's opinion is not given "controlling 23 24 weight," it is still entitled to deference and the ALJ must assess the following 25 factors to determine how much weight to afford the opinion: the length of the 26 27 treatment relationship, the frequency of examination by the treating physician, the 28 medical evidence supporting the opinion with the record as a whole, the 16 6 1 qualifications of the treating physician, and other factors tending to support or 2 contradict the opinion. 20 C.F.R. § 404.1527(c)(2)-(6). The opinions of treating 3 4 physicians are given greater weight than those of examining or non-treating 5 physicians or physicians who only review the record. Lester v. Chater, 81 F.3d 6 7 821, 830 (9th Cir. 1995) (citations omitted). 8 Dr. Aval opined the following: Plaintiff can sit 2 hours in an 8-hour 9 10 workday; he can stand/walk 2 hours in an 8-hour workday; he cannot sit 11 continuously in a work setting; he would need to get up and move around for 10 12 minutes every 2 hours before returning to sit again; he should not stand/walk 13 14 continuously in a work setting; he can occasionally lift/carry 10 to 20 pounds but 15 never more; his symptoms would frequently be severe enough to interfere with 16 17 attention and concentration; his impairments would last at least 12 months; he is 18 not a malingerer; he would need unscheduled breaks every 2 hours lasting 10 to 15 19 minutes in duration; he would have good and bad days; he cannot push, pull, bend, 20 21 or stoop and would need to avoid heights; and he would miss work about once per 22 month as a result of impairments or treatment. T 360-63. 23 24 The ALJ rejected (she gave it "little weight") this opinion stating objective 25 testing showed no more than moderate changes, and because Plaintiff improved or 26 27 showed improvement through rehabilitation, pain medication, and cessation of 28 injections. T 22. None of these bases are legitimate and therefore the rejection of 17 6 1 this opinion by the ALJ is completely invalid. 2 With respect to objective testing, the objective findings throughout this 3 4 transcript show someone suffering from debilitating pain. For instance, on August 5 1, 2013, MRI of Plaintiff's lumbar spine revealed the following impression: (1) 6 7 L4-L5 left posterolateral disc extrusion abutting the left L5 nerve root in the left L5 8 lateral recess; (2) small right posterolateral L5-S1 disc protrusion extends up to but 9 10 does not displace the right S1 nerve root; (3) status post right L5-S1 11 hemilaminectomy that correlated with surgical history; and (4) multilevel facet 12 arthropathy. T 248. 13 14 On August 30, 2013, Dr. Aval found Dr. Aval found Plaintiff walking with 15 an antalgic gait, tenderness to palpation over the midline and left-sided lumbar 16 17 spine, and painful range of motion. T 255. Straight leg raise was positive on the 18 left when performed in the supine and sitting positions. T 255. Plaintiff could not 19 perform heel and toe walking, had tightness bilaterally in the hamstrings, and had a 20 21 positive Lasegue's (straight leg raise) sign on the left. T 255. There was decreased 22 sensation bilaterally over much of Plaintiff's lower extremities, and there was 23 24 muscle strength weakness in these areas as well. T 255. At this visit, Dr. Aval 25 found Plaintiff in "severe distress" and indicated physical therapy would not help 26 27 because Plaintiff "cannot really do anything." T 256. 28 18 6 1 In September of 2013, Dr. Elkhoury found Plaintiff was "in a seemingly 2 unbearable amount of pain." T 278. Plaintiff was walking slowly and was limping 3 4 to the left to ambulate around the room. T 288. There was "severe tenderness, 5 spasm and radiation at L3, L4, L5, and S1" with moderately reduced range of 6 7 motion with left and right lateral lumbar rotation. T 278. Plaintiff "experienced 8 sensation that was decreased to touch and decreased to cold upon examination of 9 10 the left lower extremities." T 278. Straight leg raise in the supine position was 11 positive on the left. T 279, see also T 312-15 for a similar visit where an injection 12 was performed by Dr. Elkhoury later that month. 13 14 On November 6, 2013, Dr. Aval's examination revealed tenderness to the 15 midline lumbar spine at L4-S1, bilateral paraspinals, bilateral sciatic notches left 16 17 greater than right, and from the left gluteus to the left foot. T 259. There was also 18 hamstring tightness and decreased sensation to light touch to the left thigh, 19 posterior calf, and entire left foot. T 259. At this visit, Dr. Aval stated Plaintiff 20 21 required "immediate back surgery" and that Plaintiff was temporarily totally 22 disabled. T 260. 23 24 On November 25, 2013, Dr. Elkhoury again found Plaintiff "in a seemingly 25 unbearable amount of pain." T 308. Dr. Elkhoury again found Plaintiff walking 26 27 slowly and limping. T 308. There again was severe tenderness from L3-S1, and 28 moderately reduced lumbar extension and left lateral lumbar rotation. T 308. Dr. 19 6 1 Elkhoury again found sensation on the left lower extremities decreased to touch, 2 and a positive straight leg raise supine test on the left. T 309. 3 4 Between November 2013 and March 2014, Dr. Aval's examinations showed 5 tenderness to palpation over the midline lumbar spine, the bilateral paraspinals, the 6 7 bilateral sciatic notches, and the bilateral gluts. Plaintiff's pain radiated from the 8 left glut down the left posterior thigh and calf to the left plantar foot/toes. There 9 10 was bilateral hamstring tightness. Plaintiff also had decreased sensation with 11 numbness and tingling of the left posterior thigh, calf and plantar aspect of the left 12 foot and toes. See T 261-70, 350-51. 13 14 In June of 2015, Plaintiff underwent another MRI which revealed the following 15 impression: (1) post-surgical changes after the right L5 hemilaminectomy and right 16 17 L4 semi-hemilaminectomy; (2) moderate degenerative facet changes at L4-L5 with 18 a small posterior synovial cyst seen; (3) central 3 mm disc protrusion at T6-T7 19 mild effacing the ventral CSF and mild distorting the cord without cord signal 20 21 abnormality; and (4) small right paracentral disc osteophyte complexes measuring 22 1-2 mm at T4-5 and T5-T6 mild effacing the right ventral CSF without distortion 23 24 of the cord. T 457-58. 25 On June 23, 2015, Dr. Lederhaus' examination revealed give out weakness 26 27 diffusely in the legs, an antalgic gait and slow walking due to back pain, and a 28 positive straight leg raise test at 60 degrees. T 489. An EMG study done in 20 6 1 August 2015 revealed the following impression: (1) motor sensory neuropathy 2 predominantly axonal; and (2) lumbar radiculopathy at L5-S1 "with some 3 4 component of L4 [right] and [left], I would describe it as mild to moderate." T 5 460. In December of 2015, Dr. Shwachman's neurological examination showed 6 7 "decreased L4 on [the] right and paresthesias on right L5-S1 bilaterally equal." T 8 493. There was also weakness with dorsal/plantar flexion on both the left and right 9 10 but worse on the right. T 493. Dr. Shwachmann diagnosed arachnoiditis. T 493. 11 In January 2016, Dr. Zinke's examination showed a positive straight leg raise test 12 with some discomfort in the posterior thigh area bilaterally. T 487. The FABERE 13 14 test was positive on the right, and getting from a sitting to a standing position was 15 slow and cautious. T 487. There was significant right greater trochanteric 16 17 tenderness as well as sacroiliac tenderness. T 487. The patellar reflex was 18 moderately reduced, and range of motion in the back was limited in flexion to 20 19 degrees. The Achilles reflexes were moderately reduced, and Plaintiff had 20 21 hypalgesia of the lateral foot. T 487. Importantly, Dr. Zinke felt that a spinal 22 morphine pump was reasonable and wanted further steroid injections. T 487. 23 24 Finally, NP Costa in September of 2016 opined Plaintiff cannot sit, stand, or 25 walk for an hour in an 8-hour workday; that he should avoid continuous sitting and 26 27 would need to get up every 20 minutes; that he cannot lift or carry more than 5 28 pounds; that he can never or rarely grasp, turn and twist objects; that he can 21 6 1 occasionally use his hands/fingers for fine manipulations; and that he can 2 never/rarely use his arms for reaching. T 512. She opined his pain would 3 4 frequently interfere with his attention and concentration; that he would need 5 unscheduled breaks during an 8-hour workday at least once an hour lasting 20 6 7 minutes in duration; and that he would miss work more than 3 times per month as a 8 result of his impairments and treatment. T 512-13. 9 10 This objective evidence clearly shows more than moderate findings, and 11 basically everyone who actually examined Plaintiff made significant findings, or 12 found him suffering from unbearable pain or that he was in significant distress. 13 14 The idea that Plaintiff, given weakness and pain being constantly distributed 15 bilaterally to the legs, can perform light work is simply highly inconsistent with the 16 17 record and clearly not supported by substantial evidence. 20 C.F.R. § 404.1567(b) 18 (light work requires "a good deal of walking or standing"). 19 Further, the ALJ offers a baseless conclusion that Plaintiff showed 20 21 improvement. The ALJ offers no explanation as to how Plaintiff improved, which 22 was a basis for rejecting Dr. Aval's opinion. Besides the incorrect assessment 23 24 about objective evidence as discussed above, the ALJ also cited Plaintiff's 25 "reported improvement through rehabilitation and pain medication and cessation of 26 27 injections." T 22. It is unclear exactly what "rehabilitation" the ALJ means. 28 Plaintiff was still in significant pain as evidence by NP Costa's 2016 opinion. 22 6 1 Further, Dr. Aval indicated physical therapy would not help because Plaintiff 2 "cannot really do anything." T 256. Thus, rehabilitation is not a legitimate reason 3 4 to reject Dr. Aval's opinion. 5 The ALJ also cites improvements through pain medication, but points to no 6 7 evidence that Plaintiff still would not be disabled. Plaintiff testified that with pain 8 medication he can only sit for two hours and stand for 15 minutes. T 52. This 9 10 would be highly inconsistent with light work. Further, the medical record shows 11 Plaintiff reported his pain is 7 out of 10 or 6 out of 10 "at best." T 403, 416, 425, 12 489. The ALJ also states Plaintiff showed improvement due to cessation of 13 14 injections. However, Plaintiff testified NP Costa was currently providing a 15 significant amount of injections stating that per visit she will provide 13 to 14 16 17 lidocaine injections and that he has had this procedure "four or five times already." 18 T 48. Thus, every basis the ALJ provided in rejecting Dr. Aval's highly supported 19 opinion is simply not supported by substantial evidence. 20 21 Instead, the ALJ relied upon the State agency non-examining physician opinion 22 from July 1, 2014 to determine Plaintiff can perform light work. T 22, 78-80. 23 24 However, the ALJ, besides broadly citing "objective testing," never offered any 25 real explanation as to why this opinion was more persuasive than the opinion from 26 27 a treating physician who consistently treated Plaintiff, referred him to a pain 28 management specialist and surgeon, reviewed those notes and agreed Plaintiff 23 6 1 needed immediate surgery. 20 C.F.R. 404.1527(c)(2)-(6) (treating physician 2 factors such as consistency with the record, amount of treatment, etc. that lend to 3 4 greater weight being given). The only opinion at odds with the treatment notes and 5 objective findings is that of the non-examining State agency review physician. 6 7 Lester, 81 F.3d at 830. The ALJ seemingly limited Plaintiff to light work because 8 it was consistent with his past relevant work. Plaintiff respectfully submits that the 9 10 evidence in this case is clear he cannot meet the requirements of light work. It is 11 notable that, if Plaintiff were limited to sedentary work, a directed finding of 12 disability may very well be required depending on a transferable skills analysis that 13 14 was never performed. Plaintiff turned 55 in July of 2014. T 162. This places him 15 at advanced age, and there is no evidence that any of his work would be 16 17 transferable at the sedentary level. Social Security, Code of Federal Regulations, 18 Appendix 2 to Subpart P of Part 404—Medical-Vocational Guidelines, 19 https://www.ssa.gov/OP_Home/cfr20/404/404-app-p02.htm Medical-Vocational 20 21 Guideline 201.04. (last visited March 7, 2018). Regardless, Dr. Aval's opinion 22 indicates Plaintiff is disabled, and is supported by the objective findings and the 23 24 only other examining opinion from NP Costa. Thus, Plaintiff requests this matter 25 be remanded for a directed finding of disability and calculation of benefits. In the 26 27 alternative, this matter requires remand because the ALJ completely erred in 28 evaluation of Dr. Aval's opinion. 24 6 1 2 Conclusion 3 For the foregoing reasons, it is respectfully requested this matter be remanded 4 5 for a calculation of benefits. Alternatively, if the Court determines further 6 proceedings are necessary, it is requested that the case be remanded for a de novo 7 hearing and new decision. 8 9 Respectfully submitted, 10 11 /s/ Edward A. Wicklund 12 Edward A. Wicklund, Esq. Attorney for Plaintiff 13 Olinsky Law Group 14 One Park Place 300 South State St., Suite 420 15 Syracuse, New York 13202 16 Phone: (315) 701-5780 17 Email: twicklund@windisability.com 18 19 CERTIFICATE OF SERVICE 20 21 Service of this document was made to Heather Griffith, Esq., counsel for defendant 22 23 Acting Commissioner, by the CM/ECF system that generated a notice of electronic filing 24 to all registered users of the CM/ECF system. Service was accomplished as of the date 25 that is stamped on the filed document by the CMECF system. 26 27 28 /s/Edward A.Wicklund 25 6 1 Edward A. Wicklund, Esq. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26

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

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 DEFENDANT'S MOTION FOR vs. EXTENSION OF TIME 17 Commissioner of Social Security 18 (First Request) Administration, 19 Defendant. 20 21 Upon the records and files herein and the following declaration, Defendant moves 22 for an order allowing additional time, through May 7, 2018, in which to file a responsive 23 Motion in the above-entitled action, pursuant to Fed. R. Civ. P. 6(b)(1). Plaintiff's counsel 24 25 has been contacted and has no objection to this request. 26 27 28 1 DATED this 6th day of April 2018. 2 Respectfully submitted, 3 4 ELIZABETH A. STRANGE 5 First Assistant United States Attorney District of Arizona 6 s/ Heather L. Griffith 7 HEATHER L. GRIFFITH 8 Special Assistant United States Attorney 9 Of Counsel for the Defendant: 10 MATHEW W. PILE 11 Acting Regional Chief Counsel, Social Security Administration 12 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 13 Seattle, WA 98104-7075 14 15 16 17 CERTIFICATE OF SERVICE 18 I hereby certify that the foregoing Defendant's Motion for Extension of Time 19 20 was filed with the Clerk of the Court on April 6, 2018, using the CM/ECF system, 21 which will send notification of such filing to the following: Edward Allen 22 Wicklund. 23 24 25 s/ Heather L. Griffith HEATHER L. GRIFFITH 26 Special Assistant U.S. Attorney 27 Office of the General Counsel 28 2

Text of Proposed Order

1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 5 Plaintiff, 6 ORDER GRANTING MOTION FOR vs. 7 EXTENSION OF TIME 8 Commissioner of Social Security Administration, 9 10 Defendant. 11 After considering the Defendant's Motion for Extension of Time to file 12 13 Defendant's response to Plaintiff's opening brief, and that Plaintiff's counsel has been 14 contacted and has indicated no objection regarding this motion, it is hereby: 15 16 ORDERED that an extension, to and including May 7, 2018, is granted. 17 IT IS SO ORDERED this _________ day of, 2018. 18 19 20 21 22 23 24 25 26 27 28

DECLARATION of Heather L. Griffith re: [16] First MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 vs. DECLARATION OF HEATHER L. GRIFFITH 17 Commissioner of Social Security 18 Administration, 19 Defendant. 20 21 I, Heather L. Griffith, declare as follows: 22 1. I am an Assistant Regional Counsel for the Social Security Administration 23 and a Special Assistant United States Attorney for Social Security matters. 24 25 2. Plaintiff filed his opening brief on March 7, 2018. 26 3. Defendant's brief is currently due to be filed on or before April 6, 2018. 27 28 1 4. I am preparing a memorandum to explore settlement options. I need 2 additional time to seek settlement approval, consult with opposing counsel, and/or to 3 draft Defendant's brief. 4 5 5. This is Defendant's first extension of time to file the responsive brief. 6 6. For these reasons, I am requesting a 30-day extension in which to file 7 Defendant's response to Plaintiff's Opening Brief, to May 7, 2018. 8 7. On April 6, 2018, I contact the office of Plaintiff's attorney, Edward 9 10 Wicklund, regarding this request for extension. Mr. Wicklund's office indicated that he 11 would agree to the requested extension. 12 Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing 13 14 is true and correct. 15 Executed this 6th day of April 2018. 16 s/ Heather L. Griffith 17 HEATHER L. GRIFFITH 18 Special Assistant U.S. Attorney 19 20 21 22 23 24 25 26 27 28 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Declaration of Heather L. Griffith was 3 filed with the Clerk of the Court on April 6, 2018, using the CM/ECF system, which 4 5 will send notification of such filing to the following: Edward Allen Wicklund. 6 7 s/ Heather L. Griffith 8 HEATHER L. GRIFFITH Special Assistant U.S. Attorney 9 Office of the General Counsel 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

ORDER: IT IS ORDERED granting the Motion for Extension of Time (Doc. [16]) such that Defendant has until May 7, 2018 to file a response to Plaintiff's opening brief. Signed by Senior Judge James A Teilborg on 4/9/18.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 9 Plaintiff, 10 ORDER GRANTING MOTION FOR vs. 11 EXTENSION OF TIME 12 Commissioner of Social Security Administration, 13 14 Defendant. 15 16 After considering the Defendant's unopposed Motion for Extension of Time to file 17 Defendant's response to Plaintiff's opening brief, 18 IT IS ORDERED granting the motion (Doc. 16) such that Defendant has until 19 20 May 7, 2018 to file a response to Plaintiff's opening brief. 21 Dated this 9th day of April, 2018. 22 23 24 25 26 27 28

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

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 DEFENDANT'S MOTION FOR vs. EXTENSION OF TIME 17 Commissioner of Social Security 18 (Second Request) Administration, 19 Defendant. 20 21 Upon the records and files herein and the following declaration, Defendant moves 22 for an order allowing additional time, through May 29, 2018, in which to file a responsive 23 Motion in the above-entitled action, pursuant to Fed. R. Civ. P. 6(b)(1). Plaintiff's counsel 24 25 has been contacted and has no objection to this request. 26 27 28 1 DATED this 7th day of May 2018. 2 Respectfully submitted, 3 4 ELIZABETH A. STRANGE 5 First Assistant United States Attorney District of Arizona 6 s/ Heather L. Griffith 7 HEATHER L. GRIFFITH 8 Special Assistant United States Attorney 9 Of Counsel for the Defendant: 10 MATHEW W. PILE 11 Acting Regional Chief Counsel, Social Security Administration 12 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 13 Seattle, WA 98104-7075 14 15 16 17 CERTIFICATE OF SERVICE 18 I hereby certify that the foregoing Defendant's Motion for Extension of Time 19 20 was filed with the Clerk of the Court on May 7, 2018, using the CM/ECF system, 21 which will send notification of such filing to the following: Edward Allen 22 Wicklund. 23 24 25 s/ Heather L. Griffith HEATHER L. GRIFFITH 26 Special Assistant U.S. Attorney 27 Office of the General Counsel 28 2

Text of Proposed Order

1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 5 Plaintiff, 6 ORDER GRANTING MOTION FOR vs. 7 EXTENSION OF TIME 8 Commissioner of Social Security Administration, 9 10 Defendant. 11 After considering the Defendant's Motion for Extension of Time to file 12 13 Defendant's response to Plaintiff's opening brief, and that Plaintiff's counsel has been 14 contacted and has indicated no objection regarding this motion, it is hereby: 15 16 ORDERED that an extension, to and including May 29, 2018, is granted. 17 IT IS SO ORDERED this _________ day of, 2018. 18 19 20 21 22 23 24 25 26 27 28

DECLARATION of Heather L. Griffith re: [19] Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 vs. DECLARATION OF HEATHER L. GRIFFITH 17 Commissioner of Social Security 18 Administration, 19 Defendant. 20 21 I, Heather L. Griffith, declare as follows: 22 1. I am an Assistant Regional Counsel for the Social Security Administration 23 and a Special Assistant United States Attorney for Social Security matters. 24 25 2. Plaintiff filed his opening brief on March 7, 2018. 26 3. Defendant's brief is currently due to be filed on or before May 7, 2018. 27 28 1 4. I need additional time to obtain settlement approval. With additional time, I 2 believe settlement is still reasonably likely. Settlement will allow for quick and efficient 3 resolution of this case. Once I obtain settlement authority, I will need to consult with 4 5 opposing counsel and/or to draft Defendant's brief. 6 5. This is Defendant's second extension of time to file the responsive brief. 7 6. For these reasons, I am requesting a 22-day extension in which to file 8 Defendant's response to Plaintiff's Opening Brief, to May 29, 2018. 9 10 7. On May 5, 2018, I contact Plaintiff's attorney, Edward Wicklund, regarding 11 this request for extension. He office indicated that he would agree to the requested 12 extension. 13 14 Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing 15 is true and correct. 16 Executed this 7th day of May 2018. 17 18 s/ Heather L. Griffith HEATHER L. GRIFFITH 19 Special Assistant U.S. Attorney 20 21 22 23 24 25 26 27 28 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Declaration of Heather L. Griffith was 3 filed with the Clerk of the Court on May 7, 2018, using the CM/ECF system, which 4 5 will send notification of such filing to the following: Edward Allen Wicklund. 6 7 s/ Heather L. Griffith 8 HEATHER L. GRIFFITH Special Assistant U.S. Attorney 9 Office of the General Counsel 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

ORDER granting [19] Motion for Extension of Time such that Defendant has until May 29, 2018, to file a response to Plaintiff's Opening Brief. Signed by Senior Judge James A Teilborg on 5/8/18.

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 DISTRICT OF ARIZONA 8 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 9 Plaintiff, 10 ORDER GRANTING MOTION FOR 11 vs. EXTENSION OF TIME 12 Commissioner of Social Security 13 Administration, 14 Defendant. 15 16 After considering the Defendant's unopposed Motion for Extension of Time to 17 File Defendant's response to Plaintiff's Opening Brief, 18 19 IT IS ORDERED granting the motion (Doc. 19) such that Defendant has until 20 May 29, 2018, to file a response to Plaintiff's Opening Brief. 21 Dated this 8th day of May, 2018. 22 23 24 25 26 27 28

Remand to Agency

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 STIPULATED MOTION FOR vs. REMAND 17 Commissioner of Social Security 18 Administration, 19 Defendant. 20 21 The parties, acting through their respective counsel, hereby stipulate and agree that 22 the above-captioned case be reversed and remanded for further administrative 23 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the 24 25 Administrative Law Judge (ALJ) shall re-assess the opinion of Dr. Aval, including 26 reevaluating the medical evidence as necessary. The ALJ shall continue the sequential 27 evaluation as appropriate. The ALJ shall offer the claimant the opportunity for a hearing, 28 1 take further action to complete the administrative record resolving the above issues, and 2 issue a new decision. 3 The parties agree that reasonable attorney fees will be awarded under the Equal 4 5 Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court. 6 DATED this 24th day of May 2018. 7 Respectfully submitted, 8 s/ Heather L. Griffith 9 HEATHER L. GRIFFITH 10 Special Assistant United States Attorney 11 DATED this 24th day of May 2018. 12 13 s/ Heather L. Griffith for 14 EDWARD ALLEN WICKLUND Attorney for Plaintiff 15 (Per Authorization) 16 17 18 CERTIFICATE OF SERVICE 19 20 I hereby certify that the foregoing Stipulated Motion for Remand was filed 21 with the Clerk of the Court on May 24, 2018, using the CM/ECF system, which will 22 send notification of such filing to the following: Edward Allen Wicklund. 23 24 s/ Heather L. Griffith 25 HEATHER L. GRIFFITH 26 Special Assistant U.S. Attorney Office of the General Counsel 27 28 2

Text of Proposed Order

1 2 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 3 4 Gary N. Sharp, Jr., No. CV-17-08209-PCT-JAT 5 Plaintiff, 6 ORDER vs. 7 8 Commissioner of Social Security Administration, 9 10 Defendant. 11 Based on the stipulation of the parties, it is hereby ORDERED that the above- 12 captioned case be REVERSED and REMANDED for further administrative proceedings 13 14 pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Administrative Law 15 Judge (ALJ) shall re-assess the opinion of Dr. Aval, including reevaluating the medical 16 evidence as necessary. The ALJ shall continue the sequential evaluation as appropriate. 17 18 The ALJ shall offer the claimant the opportunity for a hearing, take further action to 19 complete the administrative record resolving the above issues, and issue a new decision. 20 Plaintiff is entitled to reasonable attorney fees pursuant to 28 U.S.C. § 2412, upon 21 22 proper request to this Court. 23 The Court directs the Clerk to enter judgment accordingly. 24 IT IS SO ORDERED this _________ day of, 2018. 25 26 27 28

Order on Motion to Remand to Agency

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gary N Sharp, Jr., No. CV-17-08209-PCT-JAT 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Based on the stipulation of the parties (Doc. 22), 16 IT IS ORDERED that the above captioned case is REVERSED and 17 REMANDED for further administrative proceedings pursuant to sentence four of 42 18 U.S.C. § 405(g). On remand, the Administrative Law Judge (ALJ) shall re-assess the 19 opinion of Dr. Aval, including reevaluating the medical evidence as necessary. The ALJ 20 shall continue the sequential evaluation as appropriate. The ALJ shall offer the claimant 21 the opportunity for a hearing, take further action to complete the administrative record 22 resolving the above issues, and issue a new decision. Plaintiff is entitled to reasonable 23 attorney fees pursuant to 28 U.S.C. § 2412, upon proper request to this Court. 24 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment 25 accordingly. 26 Dated this 24th day of May, 2018. 27 28

Clerks Judgment

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gary N Sharp, Jr., NO. CV-17-08209-PCT-JAT 10 Plaintiff, JUDGMENT IN A CIVIL CASE 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Decision by Court. This action came for consideration before the Court. The 16 issues have been considered and a decision has been rendered. 17 IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed May 18 24, 2018, the decision of the Commissioner of Social Security is reversed, and this case is 19 remanded to the Social Security Administration for further proceedings consistent with 20 the Order. 21 Brian D. Karth District Court Executive/Clerk of Court 22 23 May 24, 2018 s/ A. Duran 24 By Deputy Clerk 25 26 27 28

Attorney Fees

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:5027818 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gary N. Sharp, Jr. 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gary N. Sharp, Jr., 13 14 Plaintiff, Civil No. 3:17-cv-08209-JAT 15 16 vs. MOTION FOR ATTORNEY'S 17 FEES PURSUANT TO THE 18 Commissioner of Social Security EQUAL ACCESS TO JUSTICE Administration, ACT, 28 U.S.C.A. § 2412 (WEST) 19 20 Defendant 21 22 PLAINTIFF'S MOTION FOR ATTORNEY'S FEES PURSUANT TO THE 23 EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C.A. § 2412 (WEST) 24 25 COUNSEL: 26 PLEASE TAKE NOTICE that upon the annexed affirmation of Edward 27 A. Wicklund, attorney for the plaintiff, and other papers, the plaintiff will make a 28 Page 1 1 motion before Hon. James A. Teilborg, at Sandra Day O'Connor U.S. Courthouse, 2 Suite 523, 401 West Washington Street, SPC 51, Phoenix, AZ 85003 on a date to 3 4 be set by the court, for an order: 5 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,621.68, and 6 7 2. Awarding Expenses in the amount of $19.86; and 8 3. If the Plaintiff has no debt registered with the Department of Treasury 9 subject to offset that the fees be made payable to the attorney. 10 11 Plaintiff, by her attorney, Edward A. Wicklund, moves the court for an award to 12 13 be paid by the Defendant under the Equal Access to Justice Act, 28 U.S.C.A. § 14 2412. 15 16 17 Plaintiff may receive an award under the Equal Access to Justice Act because she 18 is the prevailing party, is an individual whose net worth did not exceed two 19 million dollars when the action was filed, and the position of the United States in 20 21 this litigation and/or at the agency was not substantially justified. Although the 22 burden of proof on substantial justification is on the government, Plaintiff's 23 supporting memorandum briefly addresses this issue. 24 25 26 There are no special circumstances in this case which make an award under the 27 EAJA unjust. 28 Page 2 1 This motion is supported by an affirmation of Plaintiff's attorney, attached time 2 and cost records and an Affidavit and Waiver of Direct Payment by the plaintiff. 3 4 5 Executed this August 22, 2018 6 Respectfully submitted, 7 8 /s/ Edward A. Wicklund Edward A. Wicklund, Esq. 9 Admitted Pro Hac Vice 10 Attorney for Plaintiff Email: fedct@windisability.com 11 12 To: Elizabeth Strange, Esq. Acting United States Attorney 13 District of Arizona 14 Heather L. Griffith, Esq. 15 Special Assistant United States Attorney Office of the General Counsel 16 Social Security Administration 17 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 18 State Bar No. WA46010 19 Telephone: (206) 615-3709 Fax: (206) 615-2531 20 Email: heather.griffith@ssa.gov 21 Attorneys for Defendant 22 23 24 25 26 27 28 Page 3

Text of Proposed Order

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 Gary N. Sharp, Jr, 10 Civil No. 3:17-cv-08209-JAT Plaintiff, 11 12 vs. (PROPOSED) ORDER 13 AWARDING ATTORNEY'S FEES PURSUANT TO THE EQUAL 14 Commissioner of Social Security ACCESS TO JUSTICE ACT, 15 28 U.S.C. § 2412(D) Administration, 16 17 Defendant 18 (Proposed) Order Awarding Attorney's Fees 19 pursuant to the Equal Access to Justice Act, 20 21 28 U.S.C. § 2412(d) 22 Before the Court is the Motion of Plaintiff Gary N. Sharp, for award of 23 attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 24 25 Based on the pleadings as well as the position of the defendant commissioner, if 26 any, and recognizing the Plaintiff's waiver of direct payment and assignment of 27 EAJA to his counsel, 28 Page 1 1 2 IT IS HEREBY ORDERED that attorney fees and expenses in the total 3 4 amount of Five Thousand Six Hundred Forty-One Dollars and Fifty-Four Cents 5 ($5,641.54) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are 6 awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 7 8 9 If the U.S. Department of the Treasury determines that Plaintiff's EAJA 10 fees are not subject to offset allowed under the Department of the Treasury's 11 Offset Program (TOPS), then the check for EAJA fees shall be made payable to 12 13 Plaintiff's attorney, Edward A. Wicklund. 14 15 Whether the check is made payable to Plaintiff or to Edward A. Wicklund, 16 17 the check shall be mailed to Edward A. Wicklund at the following address: 18 300 South State Street 19 Suite 420 Syracuse, NY 13202 20 21 DATED: 22 23 __________________________ 24 25 26 27 28 Page 2

Affidavit in Support of Motion

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:5027818 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gary N. Sharp, Jr. 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gary N. Sharp, Jr., 13 14 Plaintiff, Civil No. 3:17-cv-08209-JAT 15 16 vs. Attorney's Affirmation in Support of 17 Fees Pursuant to the Equal Access to 18 Commissioner of Social Security Justice Act, 28 U.S.C. § 2412 19 Administration, 20 Defendant 21 22 Attorney's Affirmation in Support of Fees Pursuant to the Equal Access to 23 Justice Act, 28 U.S.C. § 2412 ________________________________________ 24 25 Edward A. Wicklund, being duly sworn deposes and states: 26 27 1. I am an attorney licensed to practice law in the State of New York, 28 admitted to practice pro hac vice before this Court. Page 4 1 2. I make this affirmation knowing that the Court will rely upon it in 2 assessing any awards under the Equal Access to Justice Act. 28 U.S.C.A. § 2412. 3 4 3. There are no special circumstances in this case which make an award 5 under the EAJA unjust. 6 4. The Court ordered on May 24, 2018 that the above-entitled case be 7 8 remanded for further administrative proceedings, under the fourth sentence of 42 9 U.S.C.A. § 405(g) (West). 10 5. For the Equal Access to Justice Act, I am requesting an hourly rate 11 of $196.79 for attorney time through 2017 and 2018. See generally, 12 13 http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039 U.S.C.A 9th 14 Circuit EAJA Table. If attorney fees are calculated at this rate for 24.4 hours of 15 work performed in 2017 and 2018 they total $4,801.68. 16 17 6. I am requesting $100.00 per hour for 8.2 hours of paralegal time 18 equaling $820.00. I am requesting $5,621.68 for Counsel Fees which include 19 attorney and paralegal time. 20 21 7. The time accounting is presented to the court in two fashions. 22 Exhibit A is the time spent by all who worked on this case in chronological 23 sequence. Exhibit B is broken down by attorneys. The attorneys involved in this 24 25 case are Howard D. Olinsky, Esq., Edward A. Wicklund, and Amanda Haasz, 26 Esq.. Exhibit C is broken down by paralegals. The paralegals involved in this case 27 are Kyrsten Gifford, Tamica Lockwood, Michelle Callahan, and Jonnah Graser. 28 Page 5 1 8. I am requesting reimbursement of expenses of $19.86 for Certified 2 Mail for the summons and complaint to the defendant's office's as shown on 3 4 Exhibit D. The Supreme Court has clarified that only the items specifically listed 5 in 28 U.S.C. §1920 are compensable as costs. See Crawford Fitting Co. v. J. T. 6 Gibbons, Inc., 482 U.S. 437, 107 S. Ct. 2494, 96 L. Ed. 2d 385 (1987). 28 7 8 U.S.C.A. § 1920 (West) provides: 9 A judge or clerk of any court of the United States may tax as costs the following: 10 a.) fees of the clerk and marshal; 11 b.) fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case; 12 c.) fees and disbursements for printing and witnesses; 13 d.) fees for exemplification and copies of papers necessarily obtained for use in the case; 14 e.) docket fees under section 1923 of this title; 15 f.) compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under 16 section 1828 of this title. 17 18 The postage fee to serve process by certified mail is reimbursable as an 19 expense. 20 21 9. The attached records were contemporaneously created and stored in 22 the firm's Prevail Database, and are printed out and attached. The itemized time 23 represents hours spent preparing and handling this case for U.S. District Court. 24 25 Clerical time is not included in this petition or has been zeroed out. 26 Waiver of Direct Payment of EAJA Fees 27 28 Page 6 1 10. Attached is an Affidavit and Waiver of Direct Payment duly 2 executed by the plaintiff (Exhibit E). With this Waiver, if Plaintiff owes a debt 3 4 that qualifies under the Treasury Offset Program (31 U.S.C.A. § 3716 (West)), any 5 payment shall be made payable to the Plaintiff and delivered to the Plaintiff's 6 attorney. If the United States Department of Treasury determines that Plaintiff 7 8 owes no debt subject to offset, the government may accept the assignment of 9 EAJA fees and pay such fees directly to the Plaintiff's attorney. Astrue v. Ratliff, 10 560 U.S. 586, 130 S. Ct. 2521, 177 L. Ed. 2d 91 (2010). 11 12 13 WHEREFORE, because all four elements of an allowable application for 14 EAJA fees have been proven, petitioner requests that the Court issue an order: 15 16 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,621.68; 17 and 18 2. Awarding Expenses in the amount of $19.86; and 19 3. If the Plaintiff has no debt registered with the Department of Treasury 20 21 subject to offset that the fees be made payable to the attorney. 22 Executed this August 22, 2018 23 Respectfully submitted, 24 25 /s/ Edward A. Wicklund Edward A. Wicklund, Esq. 26 Admitted Pro Hac Vice 27 Attorney for Plaintiff Email: fedct@windisability.com 28 Page 7 1 2 To: Elizabeth Strange, Esq. 3 Acting United States Attorney 4 District of Arizona 5 Heather L. Griffith, Esq. Special Assistant United States Attorney 6 Office of the General Counsel 7 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 8 Seattle, WA 98104-7075 9 State Bar No. WA46010 Telephone: (206) 615-3709 10 Fax: (206) 615-2531 11 Email: heather.griffith@ssa.gov 12 Attorneys for Defendant 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 8

Exhibit A-All Professional Time

Exhibit A Ledger Sharp, Jr., Gary N. Date  Subject Hours Timekeeper 10/5/2017 Files received, reviewed and processed from intake department 0.6 Gifford, Kyrsten 10/5/2017 Telephone call w/client re: Federal debt check, explained EAJA 0.4 Gifford, Kyrsten 10/5/2017 Correspondence to client re: Acknowledgment letter 0.2 Graser, Jonnah 10/9/2017 Review decisions and evidence to determine whether to appeal case, accept 1 Haasz, Amanda 10/10/2017 Telephone conf. w/ Client Regarding IFP Packet 0.4 Gifford, Kyrsten 10/10/2017 FDC Prospect Packet Sent via Right Signature 0.2 Gifford, Kyrsten 10/10/2017 FDC Prospect Packet prepared for client completion 0.6 Gifford, Kyrsten 10/10/2017 FDC Prospect Packet Returned via Right Signature, reviewed for completion 0.3 Gifford, Kyrsten 10/12/2017 Review motion to proceed in forma pauperis, approve for filing 0.2 Wicklund, Edward A. 10/12/2017 Draft Complaint, Proposed Summons and Civil Cover Sheet 0.6 Wicklund, Edward A. 10/12/2017 Draft application for Pro Hac Vice admission 0 Wicklund, Edward A. 10/13/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Callahan, Michelle 10/13/2017 Review case assigned Hon. James A. Teilborg, research indv. rules, none found 0.2 Wicklund, Edward A. 10/13/2017 Review scheduling order, calender deadlines on task pad 0.2 Wicklund, Edward A. 10/16/2017 Review order granting pro hac vice admission 0 Wicklund, Edward A. 10/16/2017 Review order granting In Forma Pauperis application, directing service 0.1 Wicklund, Edward A. 10/16/2017 Review summons as issued to Commissioner of SSA, USAO and AG 0.1 Wicklund, Edward A. 10/17/2017 Confer with EAW re: Magistrate Consent 0.1 Graser, Jonnah 10/17/2017 Review and execute magistrate consent 0.1 Wicklund, Edward A. 10/17/2017 Correspondence to clerk via USPS re: Magistrate consent 0.1 Graser, Jonnah 10/27/2017 Federal Court-Service of Process-prepare service packets USAO, OGC, AG 0.6 Callahan, Michelle 11/6/2017 Compile and file proof of service via CM / ECF 0.3 Callahan, Michelle 11/6/2017 Review service executed 0.1 Wicklund, Edward A. 12/4/2017 Review notice of appearance by Heather L. Griffith o/b/o Commissioner of SSA 0.1 Wicklund, Edward A. 1/3/2018 Review answer to complaint 0.1 Wicklund, Edward A. 1/3/2018 Review notice of filing re: Certified Administrative Record 0.1 Wicklund, Edward A. 1/4/2018 Combine, strip PDF/A, OCR and live bookmark federal court transcript (541 pgs) 0.6 Graser, Jonnah 1/4/2018 Preliminary review of transcript 0.6 Wicklund, Edward A. 3/2/2018 Review certified administrative record and take notes 5 Wicklund, Edward A. 3/5/2018 Email correspondence w/OC re: extension request 0 Callahan, Michelle 3/5/2018 Draft and file extension request to file plaintiffs brief 0 Wicklund, Edward A. 3/6/2018 Drafting procedural section, drafting facts 6.1 Wicklund, Edward A. 3/7/2018 Research issues and drafting argument 7 Wicklund, Edward A. 3/7/2018 Review order granting extension request 0 Wicklund, Edward A. 3/7/2018 Senior Attorney review draft brief, suggest edits 0.8 Olinsky, Howard D. 3/7/2018 Implement suggested edits, finalize and file brief (n/c for filing) 0.5 Wicklund, Edward A. 3/8/2018 Correspondence to client re: Plaintiff Brief filed 0.3 Graser, Jonnah 32.60  (Type = Time) and (Client = Mr. Gary N. Sharp, Jr.)    Date  Subject Hours Timekeeper 4/9/2018 Review motion for extension of time to file brief by Defendant 0.1 Wicklund, Edward A. 4/10/2018 Review order granting extension of time to Defendant 0.1 Wicklund, Edward A. 5/8/2018 Review second motion for extension of time to file brief by Defendant 0.1 Wicklund, Edward A. 5/10/2018 Review order granting second extension of time to file 0.1 Wicklund, Edward A. 5/23/2018 Email correspondence from OC re: Remand offer 0.1 Wicklund, Edward A. 5/23/2018 Review remand offer, develop proposed language revision 0.1 Wicklund, Edward A. 5/23/2018 Email correspondence w/OC re: Propose revised language 0.1 Wicklund, Edward A. 5/24/2018 Review filed motion to remand 0.1 Wicklund, Edward A. 5/25/2018 Review order granting motion to remand for further proceedings 0.1 Wicklund, Edward A. 5/25/2018 Review judgment in favor of Gary N. Sharp, Jr. 0.1 Wicklund, Edward A. 5/31/2018 Telephone conf. w/client re: Remand 0.3 Graser, Jonnah 7/17/2018 Telephone call w/ client re: Further explanation of remand process 0.2 Graser, Jonnah 7/17/2018 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 8/15/2018 EAJA Preparation 1.6 Graser, Jonnah 8/15/2018 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 8/22/2018 Ready EAJA Narrative, Time Records, Exhibits, Certificate 0.9 Graser, Jonnah 32.60  (Type = Time) and (Client = Mr. Gary N. Sharp, Jr.)   

Exhibit B-Attorney Time

Exhibit B Ledger Sharp, Jr., Gary N. Date  Subject Hours Timekeeper 10/9/2017 Review decisions and evidence to determine whether to appeal case, accept 1 Haasz, Amanda 10/12/2017 Review motion to proceed in forma pauperis, approve for filing 0.2 Wicklund, Edward A. 10/12/2017 Draft Complaint, Proposed Summons and Civil Cover Sheet 0.6 Wicklund, Edward A. 10/12/2017 Draft application for Pro Hac Vice admission 0 Wicklund, Edward A. 10/13/2017 Review case assigned Hon. James A. Teilborg, research indv. rules, none found 0.2 Wicklund, Edward A. 10/13/2017 Review scheduling order, calender deadlines on task pad 0.2 Wicklund, Edward A. 10/16/2017 Review order granting pro hac vice admission 0 Wicklund, Edward A. 10/16/2017 Review order granting In Forma Pauperis application, directing service 0.1 Wicklund, Edward A. 10/16/2017 Review summons as issued to Commissioner of SSA, USAO and AG 0.1 Wicklund, Edward A. 10/17/2017 Review and execute magistrate consent 0.1 Wicklund, Edward A. 11/6/2017 Review service executed 0.1 Wicklund, Edward A. 12/4/2017 Review notice of appearance by Heather L. Griffith o/b/o Commissioner of SSA 0.1 Wicklund, Edward A. 1/3/2018 Review answer to complaint 0.1 Wicklund, Edward A. 1/3/2018 Review notice of filing re: Certified Administrative Record 0.1 Wicklund, Edward A. 1/4/2018 Preliminary review of transcript 0.6 Wicklund, Edward A. 3/2/2018 Review certified administrative record and take notes 5 Wicklund, Edward A. 3/5/2018 Draft and file extension request to file plaintiffs brief 0 Wicklund, Edward A. 3/6/2018 Drafting procedural section, drafting facts 6.1 Wicklund, Edward A. 3/7/2018 Research issues and drafting argument 7 Wicklund, Edward A. 3/7/2018 Review order granting extension request 0 Wicklund, Edward A. 3/7/2018 Senior Attorney review draft brief, suggest edits 0.8 Olinsky, Howard D. 3/7/2018 Implement suggested edits, finalize and file brief (n/c for filing) 0.5 Wicklund, Edward A. 4/9/2018 Review motion for extension of time to file brief by Defendant 0.1 Wicklund, Edward A. 4/10/2018 Review order granting extension of time to Defendant 0.1 Wicklund, Edward A. 5/8/2018 Review second motion for extension of time to file brief by Defendant 0.1 Wicklund, Edward A. 5/10/2018 Review order granting second extension of time to file 0.1 Wicklund, Edward A. 5/23/2018 Email correspondence from OC re: Remand offer 0.1 Wicklund, Edward A. 5/23/2018 Review remand offer, develop proposed language revision 0.1 Wicklund, Edward A. 5/23/2018 Email correspondence w/OC re: Propose revised language 0.1 Wicklund, Edward A. 5/24/2018 Review filed motion to remand 0.1 Wicklund, Edward A. 5/25/2018 Review order granting motion to remand for further proceedings 0.1 Wicklund, Edward A. 5/25/2018 Review judgment in favor of Gary N. Sharp, Jr. 0.1 Wicklund, Edward A. 8/15/2018 Review Slips and Finalize EAJA Motion 0.5 Olinsky, Howard D. 24.40  (Type = Time) and (Client = Mr. Gary N. Sharp, Jr.) and ((Timekeeper = Haasz, Amanda) or (Timekeeper = Wicklund, Edward A.) or (Ti...   

Exhibit C-Paralegal Time

Exhibit C Ledger Sharp, Jr., Gary N. Date  Subject Hours Timekeeper 10/5/2017 Files received, reviewed and processed from intake department 0.6 Gifford, Kyrsten 10/5/2017 Telephone call w/client re: Federal debt check, explained EAJA 0.4 Gifford, Kyrsten 10/5/2017 Correspondence to client re: Acknowledgment letter 0.2 Graser, Jonnah 10/10/2017 Telephone conf. w/ Client Regarding IFP Packet 0.4 Gifford, Kyrsten 10/10/2017 FDC Prospect Packet Sent via Right Signature 0.2 Gifford, Kyrsten 10/10/2017 FDC Prospect Packet prepared for client completion 0.6 Gifford, Kyrsten 10/10/2017 FDC Prospect Packet Returned via Right Signature, reviewed for completion 0.3 Gifford, Kyrsten 10/13/2017 Federal Court -Accept Letter - New FDC Filing 0.3 Callahan, Michelle 10/17/2017 Confer with EAW re: Magistrate Consent 0.1 Graser, Jonnah 10/17/2017 Correspondence to clerk via USPS re: Magistrate consent 0.1 Graser, Jonnah 10/27/2017 Federal Court-Service of Process-prepare service packets USAO, OGC, AG 0.6 Callahan, Michelle 11/6/2017 Compile and file proof of service via CM / ECF 0.3 Callahan, Michelle 1/4/2018 Combine, strip PDF/A, OCR and live bookmark federal court transcript (541 pgs) 0.6 Graser, Jonnah 3/5/2018 Email correspondence w/OC re: extension request 0 Callahan, Michelle 3/8/2018 Correspondence to client re: Plaintiff Brief filed 0.3 Graser, Jonnah 5/31/2018 Telephone conf. w/client re: Remand 0.3 Graser, Jonnah 7/17/2018 Telephone call w/ client re: Further explanation of remand process 0.2 Graser, Jonnah 7/17/2018 Correspondence to Client re: FDC Remand 0.2 Graser, Jonnah 8/15/2018 EAJA Preparation 1.6 Graser, Jonnah 8/22/2018 Ready EAJA Narrative, Time Records, Exhibits, Certificate 0.9 Graser, Jonnah 8.20  (Type = Time) and ((Timekeeper = Callahan, Michelle) or (Timekeeper = Gifford, Kyrsten) or (Timekeeper = Graser, Jonnah) or (Timek...   

Exhibit D-Expenses

Exhibit D Ledger Sharp, Jr ., Gary N. Date 10 / 27 / 2017 Subject Federal Court - Service of Process - prepare service packets USAO, OGC, AG Amount Timekeeper $ 19. 86 Callahan, Michelle $ 19. 86 Client = Mr. Gary N. Sharp, Jr .) and (Type = Cost)

Exhibit E- Affirmation and Waiver of Direct Payment of EAJA Fees

Exhibit E UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA (PRESCOTT DIVISION) -------------------------------------------------------------- MR. GARY N. SHARP, JR., AFFIRMATION AND WAIVER OF DIRECT PAYMENT Plaintiff, OF EAJA FEES v. Civil Action No.: _________________ NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. --------------------------------------------------------------- Mr. Gary N. Sharp, Jr., 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 10, 2017. __________________________ Mr. Gary N. Sharp, Jr. Plaintiff

Memo in Support

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:5027818 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gary N. Sharp, Jr. 10 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N. Sharp, Jr., 14 15 Plaintiff, Civil No. 3:17-cv-08209-JAT 16 vs. 17 MEMORANDUM IN SUPPORT OF 18 PLAINTIFF'S PETITION FOR Commissioner of Social Security COUNSEL FEES ALLOWANCE 19 Administration, UNDER EQUAL ACCESS TO 20 JUSTICE ACT, 28 U.S.C. § 2412 21 Defendant 22 Memorandum in Support of Plaintiff's Petition for Counsel Fees 23 Allowance Under Equal Access to Justice Act 24 25 1. This is a memorandum in support of a petition for an award of 26 Counsel Fees under the Equal Access to Justice Act 28 U.S.C.A. § 2412 "EAJA." 27 28 Page 9 1 2. An EAJA award is available to a "prevailing party" in a case against 2 the Federal Government, including Social Security cases, in the following 3 4 instances: 5 (a) When and if the plaintiff actually "prevails"; 6 (b) The Government's position in litigation is "not substantially 7 8 justified"; 9 (c) Plaintiff is a party whose net assets are worth less than two 10 million dollars; and 11 (d) The case has concluded with a "final order" which is non- 12 13 appealable, or will not be appealed. 14 3. Addressing these elements in reverse order, it is clear that the 15 Plaintiff has met the burden necessary to receive EAJA fees. 16 17 (a) Plaintiff's net worth did not exceed $2,000,000.00 when this 18 action was filed. 19 (b) After service of the summons and complaint, and filing of 20 21 brief by the Plaintiff, parties filed a stipulation to remand, the Court issued a 22 Decision and Order remanding to the Commissioner for further administrative 23 proceedings under sentence four 42 U.S.C.A. § 405(g). 24 25 (c) Judgment was entered on May 24, 2018. The Judgment has 26 not been appealed. 27 (d) Plaintiff has prevailed because the District Court remanded 28 Page 10 1 the case under sentence four of 42 U.S.C.A. § 405(g). Shalala v. Schaefer, 509 2 U.S. 292, 113 S. Ct. 2625, 125 L. Ed. 2d 239 (1993). 3 4 4. The commissioner was not substantially justified. As the U. S. 5 Supreme Court has held, "the required 'not substantially justified' allegation imposes no 6 proof burden on the fee applicant. It is, as its text conveys, nothing more than an 7 8 allegation or pleading requirement. The burden of establishing 'that the position of the 9 United States was substantially justified' … must be shouldered by the Government." 10 Scarborough v. Principi, 541 U.S. 401, 124 S. Ct. 1856, 158 L. Ed. 2d 674 (2004) 11 While the fee applicant such as Plaintiff is required to "show" three of the 12 13 four elements—prevailing party status, financial eligibility, and amount sought— 14 Plaintiff need only "to allege" that the position of the government is not 15 substantially justified. Id. 16 17 WHEREFORE, because all four elements of an allowable application for 18 EAJA fees have been proven, petitioner requests that the Court issue an order: 19 20 1. Awarding an Equal Access to Justice Act Counsel Fee for $5,621.68; 21 and 22 2. Awarding Expenses in the amount of $19.86; and 23 3. If the Plaintiff has no debt registered with the Department of Treasury 24 25 subject to offset that the fees be made payable to the attorney. 26 Executed this August 22, 2018 27 28 Respectfully submitted, Page 11 1 2 /s/ Edward A. Wicklund Edward A. Wicklund, Esq. 3 Admitted Pro Hac Vice 4 Attorney for Plaintiff Email: fedct@windisability.com 5 6 To: Elizabeth Strange, Esq. Acting United States Attorney 7 District of Arizona 8 Heather L. Griffith, Esq. 9 Special Assistant United States Attorney Office of the General Counsel 10 Social Security Administration 11 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 12 State Bar No. WA46010 13 Telephone: (206) 615-3709 Fax: (206) 615-2531 14 Email: heather.griffith@ssa.gov 15 Attorneys for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 12

Local Rule

1 Edward A. Wicklund, Esq. 2 Admitted Pro Hac Vice Olinsky Law Group 3 One Park Place 4 300 South State Street Suite 420 5 Syracuse, NY 13202 6 NY State Bar #:5027818 Telephone: (315) 701-5780 7 Facsimile: (315) 701-5781 8 Email: fedct@windisability.com 9 Attorney for Plaintiff Gary N. Sharp, Jr. 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF ARIZONA 12 Gary N. Sharp, Jr., 13 14 Plaintiff, Civil No. 3:17-cv-08209-JAT 15 16 vs. CERTIFICATE OF LOCAL RULE 17 54.2 (D) (1) 18 Commissioner of Social Security 19 Administration, 20 Defendant 21 22 Certificate of Local Rule 54.2 (D) (1) 23 I certify that I have conferred with Counsel for Defendant via emails on 24 25 August 17, 2018 regarding Plaintiff's Motion for Attorney's Fees Pursuant to the 26 Equal Access to Justice Act. The Defendant consents to Plaintiff's request. 27 To: Elizabeth Strange, Esq. 28 Acting United States Attorney Page 13 1 District of Arizona 2 Heather L. Griffith, Esq. 3 Special Assistant United States Attorney 4 Office of the General Counsel Social Security Administration 5 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 6 State Bar No. WA46010 7 Telephone: (206) 615-3709 Fax: (206) 615-2531 8 Email: heather.griffith@ssa.gov 9 Attorneys for Defendant 10 11 August 22, 2018 12 13 /s/ Edward A. Wicklund Edward A. Wicklund, Esq 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Edward A. Wicklund, Esq. 28 Admitted Pro Hac Vice Page 14

Certificate of Service

1 Olinsky Law Group 2 One Park Place 300 South State Street 3 Suite 420 4 Syracuse, NY 13202 NY State Bar #:5027818 5 Telephone: (315) 701-5780 6 Facsimile: (315) 701-5781 Email: fedct@windisability.com 7 8 Attorney for Plaintiff Gary N. Sharp, Jr. 9 10 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 11 12 Gary N. Sharp, Jr., 13 Plaintiff, Civil No. 3:17-cv-08209-JAT 14 15 vs. CERTIFICATE OF SERVICE 16 17 Commissioner of Social Security 18 Administration, 19 Defendant 20 21 Certificate of Service 22 23 I certify that I have electronically moved for EAJA fees with the Clerk of 24 the District Court using the CM/ECF system, which sent notification of such filing 25 to: 26 27 28 To: Elizabeth Strange, Esq. Page 15 1 Acting United States Attorney 2 District of Arizona 3 Heather L. Griffith, Esq. 4 Special Assistant United States Attorney Office of the General Counsel 5 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 6 Seattle, WA 98104-7075 7 State Bar No. WA46010 Telephone: (206) 615-3709 8 Fax: (206) 615-2531 9 Email: heather.griffith@ssa.gov 10 Attorneys for Defendant 11 12 August 22, 2018 13 /s/ Edward A. Wicklund 14 Edward A. Wicklund, Esq. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 16

Response to Motion

1 Elizabeth A. Strange First Assistant United States Attorney 2 District of Arizona 3 Heather L. Griffith 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 701 Fifth Avenue, Suite 2900 M/S 221A 7 Seattle, WA 98104-7075 State Bar No. WA46010 8 Fax: (206) 615-2531 heather.griffith@ssa.gov 9 Telephone: (206) 615-3709 10 Of Attorneys for the Defendant 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF ARIZONA 13 Gary N Sharp, Jr., No. CV-17-08209-PCT-JAT 14 15 Plaintiff, 16 DEFENDANT'S RESPONSE TO vs. PLAINTIFF'S MOTION FOR 17 ATTORNEY FEES Commissioner of Social Security 18 Administration, 19 Defendant. 20 21 Defendant, the Commissioner of Social Security, files this response to Plaintiff's 22 request for an award of attorney's fees pursuant to 28 U.S.C. § 2412 as set forth in 23 Plaintiff's Motion (Docket #25). The Commissioner has given substantive consideration to 24 25 the merits of Plaintiff's request and found no basis to object. Therefore, Defendant has no 26 objection to this request and will defer to the Court's assessment of the matter. 27 DATED this 31st day of August 2018. 28 1 Respectfully submitted, 2 ELIZABETH A. STRANGE 3 First Assistant United States Attorney District of Arizona 4 5 s/ Heather L. Griffith HEATHER L. GRIFFITH 6 Special Assistant United States Attorney 7 Of Counsel for the Defendant: 8 MATHEW W. PILE 9 Acting Regional Chief Counsel, Social Security Administration 10 Office of the General Counsel, Region X 701 Fifth Avenue, Suite 2900 M/S 221A 11 Seattle, WA 98104-7075 12 13 14 CERTIFICATE OF SERVICE 15 16 I hereby certify that the foregoing Defendant's Response to Plaintiff's Motion for 17 Attorney Fees was filed with the Clerk of the Court on August 31, 2018, using the CM/ECF 18 system which will send notification of such filing to the following: Edward Allen 19 Wicklund. 20 21 s/ Heather L. Griffith 22 HEATHER L. GRIFFITH 23 Special Assistant U.S. Attorney Office of the General Counsel 24 25 26 27 28 2

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Description
1
10/12/2017
COMPLAINT filed by Gary N Sharp, Jr (submitted by Edward Wicklund).
1
Civil Cover Sheet
2
Exhibit) (DXD
2 Attachments
2
10/12/2017
APPLICATION for Leave to Proceed In Forma Pauperis by Gary N Sharp, Jr (submitted by Edward Wicklund).
3
10/12/2017
SUMMONS Submitted by Gary N Sharp, Jr (submitted by Edward Wicklund).
1
Summons
2
Summons)(DXD
2 Attachments
4
10/12/2017
This case has been assigned to the Honorable James A Teilborg. All future pleadings or documents should bear the correct case number: CV-17-08209-PCT-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
5
10/13/2017
SOCIAL SECURITY SCHEDULING ORDER: Within sixty (60) days after the answer is filed, Plaintiff must file an opening brief [see attached Order for details]. Signed by Senior Judge James A Teilborg on 10/13/17.
10/13/2017
Remark: Pro hac vice motion granted for Edward A Wicklund on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
6
10/13/2017
ORDER granting [2] Motion for Leave to Proceed In Forma Pauperis without prepayment of costs or fees or the necessity of giving security therefor. Plaintiff shall be responsible for service of the summons and complaint. Signed by Senior Judge James A Teilborg on 10/13/17.
7
10/16/2017
Summons Issued as to Commissioner of Social Security Administration, U.S. Attorney and U.S. Attorney General.
1
Summons
2
Summons
2 Attachments
8
11/06/2017
SERVICE EXECUTED filed by Gary N Sharp, Jr: Return of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office, Office of General Counsel, Attorney General on 11/1/2017.
9
12/04/2017
NOTICE of Appearance by Heather L Griffith on behalf of Commissioner of Social Security Administration.
10
01/02/2018
ANSWER to [1] Complaint by Commissioner of Social Security Administration.
11
01/02/2018
NOTICE of Filing Certified Copy of Administrative Transcript re: [10] Answer to Complaint filed by Commissioner of Social Security Administration.
1
Certification Page
2
Court Transcript Index
3
Documents Related to Administrative Process Including Transcript of Oral Hearin
4
Payment Documents and Decisions
5
Jurisdictional Documents and Notices
6
Non Disability Related Development
7
Disability Related Development
8
Medical Records Part 1
9
Medical Records Part 2
9 Attachments
12
03/05/2018
MOTION to Amend/Correct [5] Order by 2 days by Gary N Sharp, Jr.
1
Text of Proposed Order
1 Attachment
13
03/05/2018
DECLARATION of Edward Wicklund regarding amending the scheduling order re: [12] MOTION to Amend/Correct [5] Order by 2 days. filed by Gary N Sharp, Jr.
14
03/06/2018
ORDER granting [12] Motion to Amend Scheduling Order such that the Opening Brief shall be filed on or before March 7, 2018. Signed by Senior Judge James A Teilborg on 3/6/18.
15
03/07/2018
OPENING BRIEF by Gary N Sharp, Jr.
16
04/06/2018
First MOTION for Extension of Time to File Responsive Brief, Unopposed by Commissioner of Social Security Administration.
1
Text of Proposed Order
1 Attachment
17
04/06/2018
DECLARATION of Heather L. Griffith re: [16] First MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.
18
04/09/2018
ORDER: IT IS ORDERED granting the Motion for Extension of Time (Doc. [16]) such that Defendant has until May 7, 2018 to file a response to Plaintiff's opening brief. Signed by Senior Judge James A Teilborg on 4/9/18.
19
05/07/2018
Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Commissioner of Social Security Administration.
1
Text of Proposed Order
1 Attachment
20
05/07/2018
DECLARATION of Heather L. Griffith re: [19] Second MOTION for Extension of Time to File Responsive Brief, Unopposed by Defendant Commissioner of Social Security Administration.
21
05/08/2018
ORDER granting [19] Motion for Extension of Time such that Defendant has until May 29, 2018, to file a response to Plaintiff's Opening Brief. Signed by Senior Judge James A Teilborg on 5/8/18.
22
05/24/2018
Remand to Agency
1
Text of Proposed Order
1 Attachment
23
05/24/2018
Order on Motion to Remand to Agency
24
05/24/2018
Clerks Judgment
25
08/22/2018
Attorney Fees
1
Text of Proposed Order
1 Attachment
26
08/22/2018
Affidavit in Support of Motion
1
Exhibit A-All Professional Time
2
Exhibit B-Attorney Time
3
Exhibit C-Paralegal Time
4
Exhibit D-Expenses
5
Exhibit E- Affirmation and Waiver of Direct Payment of EAJA Fees
6
Memo in Support
7
Local Rule
8
Certificate of Service
8 Attachments
27
08/31/2018
Response to Motion
28
09/20/2018
ORDER: IT IS ORDERED that Plaintiff's motion for attorney's fees (Doc. [25]) is granted, and Plaintiff is awarded $5,641.54 in fees and expenses pursuant to the EAJA, subject to the Treasury Offset Program [see attached Order for details]. Signed by Senior Judge James A Teilborg on 9/20/18.
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