Weaver v. Berryhill
Court Docket Sheet

District of Alaska

3:2017-cv-00176 (akd)

COMPLAINT against Nancy A. Berryhill, filed by Angela Gay Weaver.

Edward A. Wicklund, Esq. 2 N. Y. Bar No. 5027818 Attorney for Plaintiff, pending admission pro hac vice Olinsky Law Group 4 300 S. State Street, Suite 420 E Syracuse, NY 13202 Tel: 315 701 5780 Fax: 315 701 5781 6 twicklund@windisability.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA 10 ANGELA GAY WEAVER, Soc. Sec. # XXX-XX-8050, Plaintiff,) CASE NO. 12 13 V 14 NANCY A. BERRYHILL, acting 15 Commissioner of Social Security, 16 Defendant. 17 18 19 COMPLAINT 42 U. S. C. S $ 405 (8) and 1383 (c) (3), Social Security Disability Appeal 20 21 Plaintiff, Angela Gay Weaver, by her attorney, Edward A. Wicklund, a alleges 22 as follows: 23 1. The jurisdiction of this Court is invoked pursuant to 42 U. S. C. SS! 25 405 (g) and 1383 (c) (3) to review a decision of the Commissioner of Social Security 24 26 denying Plaintiff's application for Social Security Disability Insurance benefits and 27 28 Supplemental Security Income benefits for lack of disability. Case 3: 17-cv-00176-RRB Document 1 Filed 08/17/17 Page 1 of 3 2. This action is an appeal from a final administrative decision denying Plaintiffs claim. 3. This action is commenced within the appropriate time period set forth in the attached notice of decision dated June 16, 2017 (exhibit A) which in its 7 entirety became the final agency decision on August 16, 2017, which further provides 60-days to file a civil action. 10 4. Plaintiff whose social security number is XXX-XX-8050, resides in 12 11 Anchorage, Alaska, which is within this judicial district. 5. The Defendant, Nancy A. Berryhill, is the acting Commissioner of 13 14 Social Security of the United States of America. 6. Plaintiff is disabled. 16 7. The conclusions and findings of fact of the Defendant are not 18 supported by substantial evidence and are contrary to law and regulation. 19 20 WHEREFORE, Plaintiff prays that this Court: 21 1. Find that the Plaintiff is entitled to Social Security Disability 22 Insurance benefits and Supplemental Security Income benefits under the provisions 24 of the Social I Security Act; or 25 2. Remand the case for a further hearing; 26 27 28 Case 3: 17-cv-00176-RRB Document 1 Filed 08/17/17 Page 2 of 3 3. Award attorney's fees under the Equal Access to Justice Act, 28 U. S. C. $ 2412, on the grounds that the Commissioner s action in this case was not 4 substantially justified, and 4. Order such other and further relief as the Court deems just and proper. 7 Dated this 17th day of August, 2017. 10 11 12 13 14 15 BY: Is/Edward A. Wicklund Edward A. Wicklund, Esq. N. Y. Bar No. 5027818 Attorney for Plaintiff, pending admission pro hac vice Olinsky Law Group 300 S. State Street, Suite 420 Syracuse, NY 13202 t: (315) 701-5780 f: (315) 701-5781 e: twicklund@windisability.com 16 17 18 19 20 21 23 24 25 26 27 28 Case 3: 17-cv-00176-RRB Document 1 Filed 08/17/17 Page 3 of 3

Exhibit A

EXHIBIT A Case 3: 17-cv-00176-RRB Document 1-1 Filed 08/17/17 Page 1 of 4 v SSL EL FESA SOCIAL SECURITY ADMINISTRATION STEN Office of Disability Adjudication and Review SSA ODAR Anchorage 6th Floor, Suite 610 188 W Northern Lights Blvd Anchorage, AK 99503 Date: June 16, 2017 Angela Gay Weaver 9, 0 Notice of Decision-Unfavorable I carefully reviewed the facts of your case and made the enclosed decision. Please read this notice and my decision. s If You Disagree With My Decision If you disagree with my decision, you or your representative may submit written exceptions to the Appeals Council. " Written exceptions " are your statements explaining why you disagree with my decision. Please put the Social Security number shown above on any written exceptions you send. Please send your written exceptions to: Appeals Council Office of Disability Adjudication and Review 5107 Leesburg Pike Falls Church, VA 22041-3255 If you need help, you may file in person at any Social Security OT hearing office. Time Limit To File Written Exceptions (30 Days) You must file your written exceptions with the Appeals Council within 30 days of the date you get this notice. The Appeals Council assumes that you got this notice within 5 days after the date of the notice unless you show that you did not get it within the 5-day period. If you need more time to file your written exceptions, you must file a written request with the Appeals Council. You must file the request for an extension within 30 days of the date you get this notice If you request more than 30 days, you must explain why you need the extra time. The Form HA-L76-OP2 (03-2010) Suspect Social Security Fraud? Please visit http://oig. ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101). See Next Page Case 3: 17-cv-00176-RRB Document 1-1 Filed 08/17/17 Page 2 of 4. Angela Gay Weaver so50) Page 2 of 3 Appeals Council will decide whether to grant your request for more than a 30-day extension. How Written Exceptions Work The Appeals Council will consider your entire case. It will consider all of my decision, even the parts with which you agree. The Appeals Council's action may be more or less favorable or unfavorable to you. The rules the Appeals Council uses are in the Code of Federal Regulations, Title 20, Chapter III, Part 404 (Subpart S) and Part 416 (Subpart N). The Appeals Council may: Find that there is no reason to change my decision, • Dismiss your case, Return your case to me or another administrative law judge for a new decision, or Issue its own decision. The Appeals Council will send you a notice telling you what it decides to do. If the Appeals Council does not change my decision, my decision will become the final decision after remand. Any future claim you file will not change a final decision on this claim if the facts and issues are the same. The Appeals Council May Review My Decision On Its Own The Appeals Council may review my decision even if you do not file written exceptions. The Appeals Council will notify you within 60 days of the date of this notice if it decides to review your case. Filing An Action In Federal District Court If you do not file written exceptions and the Appeals Council does not review my decision on its own, my decision will become final on the 61st day following the date of this notice. After my decision becomes final, you will have 60 days to file a new civil action in Federal district court. You will lose the right to a court review if you do not file a civil action during the 60-day period starting with the day my decision becomes final. However, you can ask the Appeals Council to give you more time to file a civil action. The Appeals Council will grant your request for more time only if you can show a good reason for needing more time We will not send you any more notices about your right to file in Federal district court. New Application You have the right to file a new application at any time, but filing a new application is not the same as filing exceptions to my decision or filing a civil action in Federal court. If you disagree with my decision and you file a new application instead of filing written exceptions or appealing to Federal court, you might lose some benefits or not qualify for benefits at all. My decision could also be used to deny a new application for benefits if the facts and issues are the same. If you think my decision is wrong, you should file your exceptions within 30 days or file a new Form HA-L76-OP2 (03-2010) See Next Page Case 3: 17-cv-00176-RRB Document 1-1 Filed 08/17/17 Page 3 of 4 Angela Gay Weaver " 8050) Page 3 of 3 civil action between the 61 and 121 " days after the date of this notice. If You Have Any Questions We invite you to visit our website located at www socialsecurity.gov to find answers to general questions about social security. You may also call (800) 772-1213 with questions. If you are deaf or hard of hearing, please use our TTY number (800) 325-0778. If you have any other questions, please call write, or visit any Social Security office. Please have this notice and decision with you. The telephone number of the local office that serves your area is (866) 772-3081. Its address is: Social Security 222 W 8th Ave Ms 66 Anchorage, AK 99513-7505 Paul T Hebda Administrative Law Judge Enclosures: Decision Rationale Form HA-L39 (Exhibit List) CC: Bradford D. Myler Law Offices of Brad D. Myler & Associates P. O, Box 127 Lehi, UT 84043-0127 Form HA-L76-OP2 (03-2010 Case 3: 17-cv-00176-RRB Document 1-1 Filed 08/17/17 Page 4 of 4

Civil Cover Sheet

IS 44 (Ret CIVIL COVER SHEET an encoF EMPOmer star lmes and are plending reference are tired an area as purpose initiating fundackers SEEKST CONSONNEoice of rods and the information contained herein neither THIS I. (a) PLAINTIFFS Angela Gay Weaver DEFENDANTS Commissioner of SSA, Office of Regional Chief Counsel Region X, 701 Fifth Avenue, Suite 2900 MIS 221A, Seattle, WA 98104-7075 County of Residence of First Listed Plaintiff Anchorage (EXCEPT IN U. S. PLAINTIFF CASES) County of Residence of First Listed Defendant (IN U. S. PLAINTIFF CASES O. NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. EdardVATWUndlorMadeleine Laloreroup 200 s. State St, Ste. 420, Syracuse, NY 13202, (315) 701-5780 Attorneys (If Kr US Attorney for the District of Alaska, 222 W. 7th St, Room 253, # 9, Anchorage, AK 99513 II. BASIS OF JURISDICTION (Pla One Box Only). S. Go 0 3 Fed Questic (U. S. Gor Party) III CITIZENSHIP OF PRINCIPAL PARTIES (Place an " X " One Box for P. (For Di ity Ce Only) ad One Bor for Defendant) PTF DEF PTF DEF of TI State Incorpo ipal PI 04 0 4 of Business In This State 2 U. S. G Defend a 4 Panean cinemasino revention to come another run porated and Ps ipal PI of B1 Anot Stat D05 0 5 Citi Subj of a ign C o 3 o 3 Foreign Nation 06 0 6 IV. NATURE OF SUIT One Box Only) SOCONTRACT A CONTEREST EATORTS MOSFETY FORFEITURE/PENALTY ARE BANKRUPTCY BE DEMOTHER STATUTES are O H10 Insurance PERSONAL INJURY PERSONAL INJURY ID 625 Drug Related Sei 0 422 Appeal 28 USC 158 0 375 False C 0 120 Ma o 310 Airplan 0 365 Personal Injury of Property 21 USC 88 0 423 Withdra D 376 Qui T. (31 USC 0 130 Miller A 0 315 Airpl lane Prodt Prod Liability D 690 Othe 28 USC 157 3729 0 140 Negotiabl Liability D 367 Care O 400 S. Reapportic 0 150 R ery of Overpay 0 320 A: It, Libel & Pharmaceuti PROPERTY ITS O 410 Antitrus & Enfo of Judg Slande Person 0 820 Copyrig! D 430 Banks ad Banking 0 151 Medi 0 330 Fed Employer Prodi Liability 0 830 P O 450 Co 0 152 RE ry of Defa ability 0 368 Asbestos P. 0 840 Trademark O 460 Deportatic Student Lot D 340 M. Injury Prod 0 470 Racketee cd and ides Ve 0 345 M Prod Liability against AEK LABORAH R SOCIAL SECURITY CH Corrupt Org 0 153 R rery of Overpay Liability PERSONAL PROPERTY 0 710 F bor Standards 0 86 IIA (1395ff) 0 480 Con: Credi of Ve efits D 350 M 0 370 Oth Fraud 0 862 Black Lung (923 0 490 Cable/Sat TV a 160 Stockhold 0 355 Mo D 371 Truth in Lending 720 Labor/M geme X 863 DIWCDIww 405 (g) 0 850 S. s/C dities 0 190 Other Contr Prodi Liability so O Person Relati 0 864 SSID Title XVI Exchange 0 195 Co tract Product Liability 0 360 Other P Property D 0 740 Rai ay Labor Ac 0 865 RSI (405 (g). D 890 Other Statutory actions 0 196 F 0 385 Property Damage D 751 F. ly and Medical 0891 Agricultur Acts 0 362 Personal Injury Product Liability Leave A D 893 Enviro tal Matters Media Malpractic 0 790 Othe abor Litig. D 89s Freedom of Info A REAL PROPERTY AS CIVIL RIGHTS I PRISONER PETITIONS o 791 Employee Retirement EDERAL TAX SUITS 0 210 Land Cond D 440 Other C Rights Corp ity Act D 870 T U. S. Plai 0 896 Arbitrat O 220 F o 441 Voting 0 463 A Detainee Defenda D 899 Aden Procedur 0 230 R & Ejectment 0 442 Employment 0 510 Mo ins to V. 0 87 IRS Third Party ActUR App 0 240 Torts to Land 0 443 H Sente 26 USC 7609 Age ey Do 0 245 ort Prod Liability datic O 530 G 0 950 Co ity of 290 All Other R Property D 445 A Disabi 0 535 DI Penalty MMIGRATION Statut Employ! 0 462 NE Appl 0 446 Amer, w/Disabilities-o 540 Mand & OE a 465 Othe igrat Oth O 550 ci Right Actions DO 448 Ed 55 P n Condi D 560 C Detai Condition Confi V. ORIGIN (Place an " X " One Box Only) Original O2 Removed from O 3 Reimanded from 0 4 Reinstated or O 5 Transferred from O 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation (specif) Cite the U. S. C te j E emisEHEYE' Sting ity); VI. CAUSE OF ACTION Briefſ Denial of Social Security Disability Insurance benefits and Supplemental Security Income benefits. VII. REQUESTED IN O CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F. R. Cv. P JURY DEMAND: 0 Yes No VIII. RELATED CASE(S) (See IF ANY JUDGE DOCKET NUMBER DATE 08/17/2017 SIGNATURE OF ATTORNEY OF RECORD/s/Edward A. Wicklund NY Bar No: 5027818 FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG, JUDGE Case 3: 17-cv-00176-RRB Document 2 Filed 08/17/17 Page 1 of 1

MOTION for Leave to Proceed in forma pauperis by Angela Gay Weaver.

Ao 240 (Rev. 07 10) Application to proceed in District Court without Prepaying Fees or Costs (Short Form) UNITED STATES DISTRICT COURT for the District of Alaska ANGELA GAY WEAVER PlaintiffPetitioner) Civil Action No. NANCY A. BERRYHILL, ACTING COMM' R OF SSA) Defendant/Respondent APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Short Form) I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. In support of this application, I answer the following questions under penalty of perjury: 1. If incarcerated. I am being held at: N/A If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name I am also submitting a similar statement from any other institution where I was incarcerated during the last six months 2. If not incarcerated. IfI am employed, my employer s name and address are: I rMe Not Yeen empl6yed on Uzlz My gross pay or wages are: $ e CO, as and my take-home pay or wages are: per (specify pay period) 3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply): (a) Business, profession, or other self-employment (b) Rent payments, interest, or dividends (c) Pension, annuity, or life insurance payments (d) Disability, or worker s compensation payments (e) Gifts, or inheritances () Any other sources 0 Yes 0 Yes 0 Yes/Yes 0 Yes Yes No O No No 0 No If you answered " Yes " to any question above describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future. Y) Alaska Permanent Fund: $ 3Blmd D) SSI), Go (MD A Peusial 6zID) Prestone-Case 3: 17-cv-00176-RRB Document 3 Filed 08/17/17 Page 1 of 2 A0 240 (Rev. 0710) Application to proceed in District Court Without Prepaying fees or Costs (Short Form) 4. Amount of money that I have in cash or in a checking of savings account: GS AL ALL). 5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that Iown, including any item of value held in someone else's name (describe the property and its approximate value): Annable-ZDIts Chevy Sark alue AgaOO 6. Any housing, transportation, utilities or loan payments, or other regular monthly expenses (describe and provide The man at heart T is no Head-A zomo Electric PSIMO hone interneCable R 234m Car Raumert SZLESmy LMUndrnU E PIELSEBO \ nt Cor Ilgro Les ZBlmo Medical ExCerFes-TH sOlms As ZOD ies (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support: NIP 8. Any debts or financial obligations (describe the amounts owed and to whom they are payable): NIA * FL fix TH ICS unen at Coun py it I cannot Red O PAY the HDD finm ex Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims. Date: (14 \ ze Mark LA Angek. Cay where Applicant signature' rinted name Case 3: 17-cv-00176-RRB Document 3 Filed 08/17/17 Page 2 of 2

Unissued summons re Defendant Nancy A. Berryhill

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Alaska ANGELA GAY WEAVER Plaintif(s) Civil Action No. NANCY A. BERRYHILL, acting Commissioner of Social Security Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant s name and address) Nancy A. Berryhill Commissioner of SSA Office of Regional Chief Counsel, Region X 701 Fifth Avenue, Suite 2900 MIS 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-00176-RRB Document 4 Filed 08/17/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 () This summons for (name of individual and title, if any) was received by me on (date) 0 I personally served the summons on the individual at (place) on (date) Or I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date), and mailed a copy to the individual's last known address; or o I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) or o I returned the summons unexecuted because Or 0 Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: Case 3: 17-cv-00176-RRB Document 4 Filed 08 17/17 Page 2 of 2

Unissued Summons re Defendant USAG

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Alaska ANGELA GAY WEAVER Plaintiffs) Civil Action No. NANCY A. BERRYHILL, acting Commissioner of Social Security Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant s name and address) United States Attorney General Constitution Avenue & 10th St., NW Washington, DC 20530 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a) (2) or (3) – you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St, Ste. 420 Syracuse, NY 13202 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3: 17-cv-00176-RRB Document 4-1 Filed 08/17/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1) This summons for (name of individual and title, if any) was received by me on (date) o I personally served the summons on the individual at (place) on (date) Or O I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or o I served the summons on (name of individual), who is designated by law to accept service of process on behalf of (name of organization) on (date) Or 0 I returned the summons unexecuted because Or 0 Other (specify): My fees are $ for travel and s for services, for a total of $ 0. 00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: Case 3: 17-cv-00176-RRB Document 4-1 Filed 08/17/17 Page 2 of 2

Unissued Summons re Defendant USAO

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Alaska ANGELA GAY WEAVER Plaintiffs Civil Action No. NANCY A. BERRYHILL, acting Commissioner of Social Security Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant s name and address) Civil Process Clerk United States Attorney's Office 222 W. 7th St, Rm. 253, # 9 Anchorage, AK 99513 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a) (2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Edward A. Wicklund, Esq. Olinsky Law Group 300 S. State St, Ste. 420 Syracuse, NY 13202 – If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3: 17-cv-00176-RRB Document 4-2 Filed 08/17/17 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (0) This summons for (name of individual and title, if any) was received by me on (date) O I personally served the summons on the individual at (place) on (date) Or o I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or 0 I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) Or o I returned the summons unexecuted because Or 0 Other (specify): My fees are $ for travel and $ for services, for a total of $ 0. 00 I leclare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: Case 3: 17-cv-00176-RRB Document 4-2 Filed 08/17/17 Page 2 of 2

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Edward A. Wicklund. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2377481.) by Angela Gay Weaver.

UNITED STATES DISTRICT COURT DISTRICT OF ALASKA ANGELA GAY WEAVER, Case No. 3: 17-cv-00176-RRB Plaintiff(s), VS. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant(s). MOTION AND APPLICATION OF NON-ELIGIBLE ATTORNEY FOR PERMISSION TO APPEAR AND PARTICIPATE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA To the Honorable Judge of the above-entitled court: I, Edward A. Wicklund hereby apply for permission to appear and (name) participate as counsel for Angela Gay Weaver plaintiff (Name of party) (plaintiff/defendant) in the above-entitled cause pursuant to Rule 83. 1 (d) of the Local Rules for the United States District Court, District of Alaska. I hereby apply for permission to appear and participate as counsel WITHOUT ASSOCIATION of local counsel because [check whichever of the following boxes apply, if any]: X I am a registered participant in the CM/ECF System for the District of Alaska and consent to service by electronic means through the court's CMECF System. o I have concurrently herewith submitted an application to the Clerk of the Court for registration as a participant in the CM/ECF System for the District of Alaska and consent to service by electronic means through the court's CM/ECF System. O For the reasons set forth in the attached memorandum. Case 3: 17-cv-00176-RRB Document 5 Filed 08/18/17 Page 1 of 4 OR I hereby designate a member of the Bar of this court, (Name) who maintains an office at the place within the district, with whom the court and opposing counsel may readily communicate regarding conduct of this case. DATE: (Signature) (Printed Name) (Address) (City/State/Zip) (Telephone Number) (e-mail address) Consent of Local Counsel thereby consent to the granting of the foregoing application. DATE: (Signature) (Printed Name) (Address) (City, State, Zip) (Telephone) (* Member of the Bar of the United States District Court for the District of Alaska) Case 3: 17-cv-00176-RRB Document 5 Filed 08/18/17 Page 2 of 4 DECLARATION OF NON-ELIGIBLE ATTORNEY Full Name: Edward A. Wicklund Business Address: 300 S. South Street, Ste. 420, Syracuse, NY 13202 (Mailing/Street) (City, State, ZIP) Residence: 313 E. Willow Street, Apt. 506 Syracuse NY 13203 Mailing/Street) (City, State, ZIP) Business Telephone: 315-701-5780 e-mail address: twicklund@windisability.com Other Names/Aliases: N/A Jurisdictions to Which Admitted and year of Admission: See attached sheet (Jurisdiction) (Address) ear) (Jurisdiction) (Address (Year Jurisdiction) (Address) (Year) (Jurisdiction) (Address ear Are you the subject of any pending disciplinary proceeding in any jurisdiction to which admitted? Yes D No LX (If Yes, provide details on a separate attached sheet) Have you ever been suspended from practice or disbarred in any jurisdiction to which admitted? Yes O No (X (If Yes, provide details on a separate attached sheet) In accordance with D. AK. LR 83. 1 (d) (4) [A] (vi, I certify I have read the District of Alaska local rules by visiting the court s website at http://www.akd. uscourts.gov and understand that the practices and procedures of this court may differ from the practices and procedures in the courts to which I am regularly admitted. A Certificate of Good Standing from a jurisdiction to which I have been admitted is attached. Pursuant to 28 U. S. C. $ 1746 I hereby declare under penalty of perjury that the foregoing information is true, correct, and accurate. Dated: August 18, 2017 Signal of Applicant Case 3: 17-cv-00176-RRB Document 5 Filed 08/18/17 Page 3 of 4 Attachment to Pro Hac Vice Application for Edward A. Wicklund: Court New York State Court of Appeals for 2nd Circuit Court of Appeals for 9th Circuit U. S. D. C., NDNY U. S. D. C., NDOH U. S. D. C., EDMI Date of Admission In Good Standing? 02/23/2012 YES 01/08/2015 YES 04/28/2017 YES 07/29/2013 YES 08/05/2016 YES 02/24/2017 YES Case 3: 17-cv-00176-RRB Document 5 Filed 08/18/17 Page 4 of 4

Certificate of Good Standing

AO 136 (Rev. 10/13) Certificate of Good Standing UNITED STATES DISTRICT COURT for the Northern District of New York CERTIFICATE OF GOOD STANDING Lawrence K. Baerman, Clerk of this Court, certify that EDWARD A. WICKLUND Bar # 518285 was duly admitted to practice in this Court on July 29, 2013 and is in good standing as a member of the Bar of this Court. Dated at Syracuse, New York (Location) On July 20, 2017 (Date) AP Lawrence K. Baerman CLERK DEPUTY CLERK Case 3: 17-cv-00176-RRB Document 5-1 Filed 08/18/17 Page 1 of 1

ORDER DIRECTING SERVICE AND RESPONSE: The Application to Waive the Filing Fee, at docket {{3}}, is granted. Service of Process to be completed within 90 days of the date of Complaint. Signed by Judge Ralph R. Beistline on 8/29/17.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ANGELA GAY WEAVER, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. Case No. 3:17-cv-00176-RRB ORDER DIRECTING SERVICE AND RESPONSE Angela Gay Weaver, through counsel, has filed a Social Security Complaint seeking judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g), and an Application to Waive the Filing Fee under 28 U.S.C. § 1915, showing that she is currently unable to pay the filing fee in this case.1 Therefore, IT IS HEREBY ORDERED: 1. Angela Gay Weaver's Application to Waive the Filing Fee, at Docket 3, is GRANTED. 2. Counsel for Angela Gay Weaver shall insure that Service of Process is completed within 90 days of the date the Complaint was filed.2 1 Dockets 1, 3. 2 See Fed.R.Civ.P. 4(m). Case 3:17-cv-00176-RRB Document 6 Filed 08/30/17 Page 1 of 2 3. The Clerk of Court shall issue summonses for the Defendant, and send the summonses to counsel for Angela Gay Weaver with this Order. 4. Counsel for Angela Gay Weaver shall serve a copy of the Complaint, Summons and this Order, in compliance with 4(i) of the Federal Rules of Civil Procedure, on the Regional Chief Counsel, Office of the General Counsel, Region X, 701 Fifth Avenue, Suite 2900 M/S 901, Seattle Washington 98104-7075; the United States Attorney for the District of Alaska, 222 West 7th Ave., Mail Box 9, Anchorage, Alaska 99513; and the Attorney General of the United States, Main Justice Building, 10th & Constitution Ave. NW, Washington, D.C. 20530. 5. Defendant, through the United States Attorney for the District of Alaska, shall have sixty (60) days after receipt of the Complaint, Summons and this Order, to file an Answer or otherwise respond.3. DATED at Anchorage, Alaska this 29th day of, 2017. s/Ralph R. Beistline______ United States District Judge 3 See Fed.R.Civ.P. 12(a)(3)., Order Directing Service and Response Page 2 of 2 Case 3:17-cv-00176-RRB Document 6 Filed 08/30/17 Page 2 of 2

NOTICE of Appearance by Richard L. Pomeroy on behalf of Nancy A. Berryhill

BRYAN SCHRODER Acting United States Attorney RICHARD L. POMEROY Assistant U.S. Attorney 222 West Seventh Avenue, #9 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-2344 E-mail: Richard.Pomeroy@usdoj.gov Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ANGELA GAY WEAVER Case No. 3:17-cv-00176 RRB Plaintiff, v. ENTRY OF APPEARANCE NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. Richard L. Pomeroy, Assistant U.S. Attorney, hereby enters his appearance as an attorney of record for Nancy A. Berryhill, Acting Commissioner of Social Security, in the above-entitled matter and requests that copies of all pleadings filed be directed to him. Case 3:17-cv-00176-RRB Document 8 Filed 09/05/17 Page 1 of 2 RESPECTFULLY SUBMITTED, on September 5, 2017. BRYAN SCHRODER Acting United States Attorney s/Richard L. Pomeroy Assistant U.S. Attorney Attorney for the Defendant CERTIFICATE OF SERVICE I hereby certify that on September 5, 2017, a copy of the foregoing was served electronic to: Edward A. Wicklund, Esq, s/Richard L. Pomeroy 2 Case 3:17-cv-00176-RRB Document 8 Filed 09/05/17 Page 2 of 2

SOCIAL SECURITY SCHEDULING ORDER. See Order for deadlines. Signed by Judge Ralph R. Beistline on 9/28/17.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ANGELA GAY WEAVER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. Case No. 3:17-cv-00176-RRB SOCIAL SECURITY SCHEDULING ORDER Pursuant to the Local Rules of the United States District Court for the District of Alaska (D.Ak. L.R.) 16.1(a)(7) and 16.3, the Court establishes the following deadlines: 1. Defendant shall electronically file and serve a certified copy of the agency record no later than 60 days after Defendant’s initial appearance. The agency record shall be conventionally served on a self-represented plaintiff. A conventional copy of the record need not be filed with the Court, but a conventional copy of the agency record shall be provided for use by the presiding judge. 2. Within 30 days after the filing of the agency record, Plaintiff shall file and serve an opening brief. Failure to timely file the opening brief may subject this case to dismissal. 3. Within 30 days after service of Plaintiff’s opening brief, Defendant shall file and serve an answering brief. 4. Plaintiff may file and serve a reply brief within 14 days after service of Case 3:17-cv-00176-RRB Document 10 Filed 09/28/17 Page 1 of 2 Defendant’s brief. 5. The opening and answering briefs shall not exceed 25 pages. A reply brief may not exceed 15 pages. 6. If Defendant files a motion to remand, Plaintiff shall have 14 days to respond. The motion and response shall not exceed 15 pages. No further briefing shall be filed unless otherwise ordered. 7. One extension of time of up to 14 days will be routinely granted for each filing. Any additional extensions of time will require a showing of good cause and will not be routinely granted. DATED at Anchorage, Alaska this 28th day of September, 2017. s/Ralph R. Beistline UNITED STATES DISTRICT JUDGE Social Security Scheduling Order Page 2 of 2 Case 3:17-cv-00176-RRB Document 10 Filed 09/28/17 Page 2 of 2

NOTICE of Appearance by David J. Burdett on behalf of Nancy A. Berryhill

1 BRYAN SCHRODER 2 Acting United States Attorney RICHARD L. POMEROY 3 Assistant United States Attorney Federal Bldg & U.S. Courthouse 4 222 W 7th Ave, #9, Rm C-253 Anchorage, AK 99513-7676 5 Telephone: (907) 271-5071 Fax: (907) 271-2344 6 richard.pomeroy@usdoj.gov 7 DAVID J. BURDETT Special Assistant United States Attorney 8 Office of the General Counsel Social Security Administration 9 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 10 Telephone: (206) 615-2522 Fax: (206) 615-2531 11 david.burdett@ssa.gov 12 Of Attorneys for Defendant 13 IN THE UNITED STATES DISTRICT COURT FOR THE 14 DISTRICT OF ALASKA 15 ANGELA GAY WEAVER, Case No. 3:17-cv-00176-RRB 16 Plaintiff, 17 DEFENDANT’S NOTICE vs. OF APPEARANCE 18 NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. PLEASE TAKE NOTICE that the Defendant in the above-entitled action, without waiving 21 any objection to, inter alia, service, venue, or jurisdiction, hereby gives Notice that the 22 Commissioner of Social Security will be represented by and through the attorney of record listed 23 below. 24 Page 1 DEFENDANT’S NOTICE OF APPEARANCE-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 11 Filed 10/31/17 Page 1 of 3 1 DAVID J. BURDETT 2 Special Assistant United States Attorney Office of the General Counsel 3 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 4 Seattle, WA 98104-7075 Telephone: (206) 615-2522 5 Fax: (206) 615-2531 david.burdett@ssa.gov 6 You are advised that service of all further pleadings, notices, documents or other papers 7 herein, not filed electronically, may be made upon Defendant by serving the above-named 8 attorney at this address. 9 DATED this 31st day of October 2017. 10 Respectfully submitted, 11 Bryan Schroder 12 Acting United States Attorney 13 RICHARD L. POMEROY Assistant United States Attorney 14 MATHEW W. PILE 15 Acting Regional Chief Counsel, Seattle, Region X 16 s/David J. Burdett DAVID J. BURDETT 17 Special Assistant United States Attorney Office of the General Counsel 18 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 19 Seattle, WA 98104-7075 Telephone: (206) 615-2522 20 Fax: (206) 615-2531 david.burdett@ssa.gov 21 22 23 24 Page 2 DEFENDANT’S NOTICE OF APPEARANCE-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 11 Filed 10/31/17 Page 2 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that the foregoing Defendant’s Notice of Appearance was filed with the 3 Clerk of the Court on October 31, 2017, using the CM/ECF system, which will send 4 notification of such filing to the following: Edward A. Wicklund. 5 6 s/Megan Moore MEGAN MOORE 7 Paralegal Specialist Office of the General Counsel 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 3 DEFENDANT’S NOTICE OF APPEARANCE-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 11 Filed 10/31/17 Page 3 of 3

ANSWER to {{1}} Complaint by Nancy A. Berryhill.

1 BRYAN SCHRODER 2 Acting United States Attorney RICHARD L. POMEROY 3 Assistant United States Attorney Federal Bldg & U.S. Courthouse 4 222 W 7th Ave, #9, Rm C-253 Anchorage, AK 99513-7676 5 Telephone: (907) 271-5071 Fax: (907) 271-2344 6 richard.pomeroy@usdoj.gov 7 DAVID J. BURDETT Special Assistant United States Attorney 8 Office of the General Counsel Social Security Administration 9 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 10 Telephone: (206) 615-2522 Fax: (206) 615-2531 11 david.burdett@ssa.gov 12 Of Attorneys for Defendant 13 IN THE UNITED STATES DISTRICT COURT FOR THE 14 DISTRICT OF ALASKA 15 ANGELA GAY WEAVER, Case No. 3:17-cv-00176-RRB 16 Plaintiff, 17 vs. DEFENDANT’S ANSWER 18 NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. 21 Defendant, in answer to Plaintiff’s complaint, admits, denies and alleges as follows: 22 1. Defendant admits this court has jurisdiction pursuant to 42 U.S.C. § 405(g). 23 2. Defendant admits the allegations contained Paragraphs 2 and 3. 24 Page 1 DEFENDANT’S ANSWER-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 12 Filed 10/31/17 Page 1 of 3 1 3. Defendant lacks sufficient knowledge sufficient to form a belief about the allegations in 2 Paragraph 4, except that Plaintiff’s social security number is a matter of record with the 3 Defendant. 4 4. Defendant admits the allegations contained in Paragraph 5. 5 5. Defendant denies the allegations contained in Paragraphs 6 and 7. 6 6. The remainder of the Complaint is a prayer for relief, including a request for attorney’s 7 fees. Defendant denies that Plaintiff is entitled to judgment or any requested relief. 8 7. Defendant denies all allegations of the complaint not specifically admitted or clarified. 9 8. In accordance with 42 U.S.C. § 405(g), Defendant files as part of the answer a certified 10 copy of the transcript of the record including the evidence upon which Defendant based the 11 challenged decision. 12 WHEREFORE, Defendant prays for judgment dismissing the complaint, with costs, and 13 for judgment in accordance with 42 U.S.C. § 405(g), affirming Defendant’s decision. 14///15 16///17 18///19 20///21 22///23 24 Page 2 DEFENDANT’S ANSWER-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 12 Filed 10/31/17 Page 2 of 3 1 DATED this 31st day of October 2017. 2 Respectfully submitted, 3 BRYAN SCHRODER 4 Acting United States Attorney 5 RICHARD L. POMEROY Assistant United States Attorney 6 MATHEW W. PILE 7 Acting Regional Chief Counsel, Seattle, Region X 8 s/David J. Burdett DAVID J. BURDETT 9 Special Assistant United States Attorney Office of the General Counsel 10 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 11 Seattle, WA 98104-7075 Telephone: (206) 615-2522 12 Fax: (206) 615-2531 david.burdett@ssa.gov 13 14 15 CERTIFICATE OF SERVICE 16 I hereby certify that the foregoing Defendant’s Answer was filed with the Clerk of the 17 Court on October 31, 2017, using the CM/ECF system, which will send notification of such filing 18 to the following: Edward A. Wicklund. 19 s/Megan Moore 20 MEGAN MOORE Paralegal Specialist 21 Office of the General Counsel 22 23 24 Page 3 DEFENDANT’S ANSWER-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 12 Filed 10/31/17 Page 3 of 3

Notice of Lodging Administrative Record

1 BRYAN SCHRODER 2 United States Attorney RICHARD L. POMEROY 3 Assistant United States Attorney Federal Bldg & U.S. Courthouse 4 222 W 7th Ave, #9, Rm C-253 Anchorage, AK 99513-7676 5 Telephone: (907) 271-5071 Fax: (907) 271-2344 6 richard.pomeroy@usdoj.gov 7 DAVID J. BURDETT Special Assistant United States Attorney 8 Office of the General Counsel Social Security Administration 9 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 10 Telephone: (206) 615-2522 Fax: (206) 615-2531 11 david.burdett@ssa.gov 12 Of Attorneys for Defendant 13 IN THE UNITED STATES DISTRICT COURT FOR THE 14 DISTRICT OF ALASKA 15 ANGELA GAY WEAVER, Case No. 3:17-cv-00176-RRB 16 Plaintiff, 17 vs. NOTICE OF LODGING OF 18 ADMINISTRATIVE RECORD NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. Defendant Nancy A. Berryhill, Acting Commissioner of Social Security, by and through 21 counsel, submits conventionally the following administrative record in the above-entitled and 22 numbered cause of action. 23 24 Page 1 NOTICE OF LODGING OF ADMINISTRATIVE RECORD-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 13 Filed 10/31/17 Page 1 of 2 1 DATED this 31st day of October 2017. 2 Respectfully submitted, 3 BRYAN SCHRODER 4 United States Attorney 5 RICHARD L. POMEROY Assistant United States Attorney 6 MATHEW W. PILE 7 Acting Regional Chief Counsel, Seattle, Region X 8 s/David J. Burdett DAVID J. BURDETT 9 Special Assistant United States Attorney Office of the General Counsel 10 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 11 Seattle, WA 98104-7075 Telephone: (206) 615-2522 12 Fax: (206) 615-2531 david.burdett@ssa.gov 13 14 15 CERTIFICATE OF SERVICE 16 I hereby certify that the foregoing Notice of Lodging of Administrative Record was filed 17 with the Clerk of the Court on October 31, 2017, using the CM/ECF system, which will send 18 notification of such filing to the following: Edward A. Wicklund. 19 s/Megan Moore 20 MEGAN MOORE Paralegal Specialist 21 Office of the General Counsel 22 23 24 Page 2 NOTICE OF LODGING OF ADMINISTRATIVE RECORD-[3:17-cv-00176-RRB] Case 3:17-cv-00176-RRB Document 13 Filed 10/31/17 Page 2 of 2

Certification Page 09-30-2017

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ANGELA GAY WEAVER Plaintiff VS.) CIVIL ACTION NO. 3: 17-CV-00176 NANCY A. BERRYHILL ACTING COMMISSIONER OF SOCIAL SECURITY Defendant CERTIFICATION The undersigned, as Chief, Court Case Preparation and Review Branch 1, Office of Appellate Operations, Office of Disability Adjudication and Review, Social Security Administration, hereby certifies that the documents annexed hereto constitute a full and accurate transcript of the entire record of proceedings relating to this case. A pre NANCY CHUNG Date: September 30, 2017 * * * Certified Administrative Record (CAR) are not compatible with Optical Character Recognition (OCR), therefore the Agency cannot provide a OCR searchable CAR. Case 3: 17-cv-00176-RRB DocumRamb3-1 Filed 10/31/17 Page 1 of 1

Court Transcript Index 09-30-2017

Court Transcript Index Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 01/15/2015 1-3 3 Attorney/Representative-Supplied Evidence (REPEVID), dated 4-6 3 10/21/2014, from Rep Report of Contact (5002), dated 01/29/2014 7 1 Request for Review of Hearing Decision/Order (HA 520), dated 8 1 09/13/2013 ALJ Hearing Decision (ALJDEC), dated 07/18/2013 9-23 15 Transcript of Oral Hearing (TRANHR), dated 07/08/2013 24-54 31 Exhibits Exhibit No. of No. Description Page No. Pages 1A Medical Evaluation/Case Analysis, dated 10/23/2012 55-56 2 2A Disability Determination Transmittal-Title 2, dated 57 1 11/29/2012 3A Disability Determination Transmittal-Title 16, dated 58 1 11/29/2012 4A Disability Determination Explanation-Title 2, dated 59-67 9 11/29/2012 5A Disability Determination Explanation-Title 16, dated 68-76 9 11/29/2012 1B T2 Notice of Disapproved Claim-Title 2, dated 11/29/2012 77-86 10 2B T2 Notice of Disapproved Claim-Title 16, dated 11/29/2012 87-96 10 3B Request for Hearing by ALJ, dated 01/31/2013 97-98 2 4B Request for Hearing Acknowledgement Letter, dated 99-115 17 02/06/2013 5B CD to Claimant Letter, dated 03/05/2013 116-127 12 6B Hearing Notice, dated 04/16/2013 128-138 11 7B Hearing Notice, dated 06/07/2013 139-149 11 8B Acknowledge Notice of Hearing, dated 06/11/2013 150-151 2 9B Waiver of Right to Representation, dated 07/08/2013 152 1 1D Application for Supplemental Security Income Benefits-Title 153-158 6 16, dated 09/05/2012 2D Application for Disability Insurance Benefits-Title 2, dated 159-167 9 09/05/2012 3D SSA-L725 Employer Requesting Report, dated 09/10/2012 168 1 4D Request for WC/PDB Information, dated 10/01/2012 169-170 2 5D New Hire, Quarter Wage, Unemployment Query (NDNH), 171-174 4 dated 02/27/2013 6D Summary Earnings Query, dated 02/27/2013 175 1 7D Detailed Earnings Query, dated 02/27/2013 176-179 4 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-2 Filed 10/31/17 Page 1 of 6 Court Transcript Index Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 8D Certified Earnings Records, dated 02/27/2013 180-181 2 1E Work Activity Report EE, dated 09/05/2012 182-193 12 2E Work History Report, dated 09/05/2012 194-203 10 3E Disability Report-Adult, dated 09/05/2012 204-213 10 4E Disability Report-Field Office, dated 09/05/2012 214-217 4 5E Work History Report, dated 10/22/2012 218-222 5 6E Claimant questionnaire (generic), dated 10/23/2012 223-226 4 7E Disability Report-Field Office, dated 02/01/2013 227-228 2 8E Disability Report-Appeals, dated 02/01/2013 229-234 6 9E Work Background, dated 03/07/2013 235 1 10E Recent Medical Treatment, dated 03/07/2013 236 1 11E Medications, dated 03/07/2013 237 1 12E Report of Contact, dated 07/05/2013, from Hearing Reminder 238 1 Call 1F Progress Notes, dated 01/13/2012 to 02/17/2012, from 239-251 13 Primary Care Associates 2F Progress Notes, dated 10/26/2011 to 05/31/2012, from 252-259 8 Orthopedic Physicians Anchorage 3F Medical Examination Notes, dated 07/14/2012, from OMAC-260-281 22 Objective Medical Assessments 4F Physician's Reports/Notes, dated 01/25/2012 to 08/03/2012, 282-304 23 from Community Chiropractic Clinic-James Zielinski, DC 5F Treatment Notes, dated 03/07/2012 to 08/05/2012, from 305-387 83 Armstrong Rehabilitation and Strength Training LLC 6F Treatment Notes, dated 03/02/2011 to 10/17/2012, from 388-491 104 Community Chiropractic Clinic 7F No Records for patient, dated 10/20/2012, from Medical Park 492 1 Family Care 8F Record Expunged, dated 06/27/2013 493 1 9F No records for dates requested, dated 03/22/2013, from 494 1 Orthopedic Physicians Anchorage 10F Office Visit Notes, dated 07/16/2012 to 09/24/2012, from 495-509 15 Anchorage Neighborhood Health Center No. of Court Transcript Index Page No. Pages ALJ Hearing Decision (ALJDEC), dated 06/13/2017 510-532 23 Transcript of Oral Hearing (TRANHR), dated 05/25/2017 533-566 34 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-2 Filed 10/31/17 Page 2 of 6 Court Transcript Index Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 6A ALJ Hearing Decision ~ Paul T. Hebda, ALJ, dated 567-581 15 07/18/2013 7A AC Denial ~ Linda B. Kalet, AAJ, dated 01/15/2015 582-584 3 8A Complaint, dated 03/03/2015 585-600 16 9A US District Court Docket Report, dated 06/24/2015 601-603 3 10A Disability Determination Explanation ~ T2 Initial ~ PRFC: 604-617 14 Isaiah Ray, SDM, dated 03/15/2016 11A Initial Disability Determination by State Agency, Title 2, dated 618 1 03/15/2016 12A Decision of U.S. District Court ~ Judge Timothy M. Burgess, 619-635 17 dated 02/23/2016 13A AC Order ~ Lucille Meis, AAJ, dated 08/19/2016 636-642 7 14A Decision of U.S. District Court, dated 02/23/2016 643-653 11 10B Transcript of Oral Hearing, dated 07/08/2013 654-684 31 11B Request for Review of Hearing Decision/Order, dated 685 1 09/13/2013 12B Notice of Award, dated 04/24/2016 686-693 8 13B AC Correspondence, dated 06/14/2016 694-701 8 14B Representative Fee Agreement ~ Brad Myler, AAL, dated 702 1 09/20/2016 15B Appointment of Representative ~ Brad Myler, AAL, dated 703 1 09/20/2016 16B Request for Hearing Acknowledgement Letter, dated 704-724 21 10/27/2016 17B Objection to Video Hearing, dated 10/28/2016 725 1 18B Misc Jurisdictional Documents/Notices, dated 11/11/2015 726-728 3 19B Hearing Notice, dated 02/10/2017 729-757 29 20B Acknowledge Notice of Hearing, dated 02/14/2017 758 1 21B Hearing Notice, dated 04/19/2017 759-792 34 22B Acknowledge Notice of Hearing, dated 04/21/2017 793-794 2 23B Outgoing ODAR Correspondence, dated 04/26/2017 795-797 3 24B Notice Of Hearing Reminder, dated 05/11/2017 798-803 6 25B Representative Fee Agreement, dated 11/08/2016 804 1 26B Appointment of Representative, dated 05/04/2017 805 1 9D SSI Interim Assistance Reimbursement documents, dated 806 1 11/19/2014 10D Summary Earnings Query, dated 01/12/2017 807 1 11D Detailed Earnings Query, dated 01/12/2017 808-812 5 12D Certified Earnings Records, dated 01/12/2017 813-814 2 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-2 Filed 10/31/17 Page 3 of 6 Court Transcript Index Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 13D Application for Disability Insurance Benefits, dated 815-816 2 11/12/2015 14D Amendment to T2 Application, dated 04/19/2016 817-818 2 13E Disability Report-Field Office, dated 11/24/2015 819-821 3 14E Disability Report-Adult, dated 11/24/2015, from Brad Myler 822-828 7 15E Function Report-Adult, dated 12/31/2015, from claimant 829-837 9 16E Representative Correspondence, dated 11/15/2016, from 838-840 3 Work Background/Recent Medical Treatment 17E Representative Correspondence, dated 11/17/2016, from 841-848 8 Medications 18E Exhibit List to Rep, dated 01/12/2017 849-859 11 19E Medications, dated 02/10/2017, from Claimant 860 1 20E Recent Medical Treatment, dated 02/10/2017, from Claimant 861 1 21E Work Background, dated 02/17/2017, from Claimant 862 1 22E Work Background, dated 02/17/2017, from Claimant 863-865 3 23E Medications, dated 02/17/2017, from Claimant 866 1 24E Recent Medical Treatment, dated 02/17/2017, from Claimant 867 1 25E Representative Correspondence, dated 10/12/2015, from 868 1 Mallory Cheek, Alaska Pacific University 26E Resume of Vocational Expert, dated 04/20/2017, from 869-870 2 William H. Weiss 27E Education Records-Medical, dated 10/12/2015, from Mallory 871-872 2 Cheek 28E Statement of Claimant or Other Person, dated 03/23/2017, 873 1 from Volunteers of Amercia-David Carey 29E Statement of Claimant or Other Person, dated 04/12/2017, 874-875 2 from Sue Fallon, Ph.D. 30E Statement of Claimant or Other Person, dated 04/20/2017, 876 1 from Rebecca Widmer 31E Representative Correspondence, dated 05/10/2017, from 877-878 2 Brad Myler 32E Representative Brief, dated 05/18/2017 879-880 2 11F Progress Notes, dated 04/01/2009 to 01/22/2012, from 881-978 98 Alaska Hand Rehabilitation 12F Patient Visit Notes, dated 06/06/2014 to 04/30/2015, from 979-1045 67 Alaska Surgery Center 13F Elbow Therapy/Progress Summary, dated 09/30/2013 to 1046-1144 99 05/18/2015, from Alaska Hand Rehabilitation 14F Primary Care Physician Statement, dated 06/12/2015, from 1145-1146 2 Christopher Cornelius, M.D. DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-2 Filed 10/31/17 Page 4 of 6 Court Transcript Index Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 15F Mod-Severe L Knee DJD, dated 06/19/2015, from Orthopedic 1147-1151 5 Physicians Of Anchorage 16F Treatment Notes, dated 09/30/2013 to 09/04/2015, from 1152-1250 99 Alaska Hand Rehabilitation 17F Patient Visit Notes, dated 10/22/2013 to 10/20/2015, from 1251-1369 119 Michael G. McNamara, M.D. 18F Chart Notes, dated 10/19/2012 to 11/06/2015, from 1370-1465 96 Community Chiropractic Clinic 19F Physical Assessment, dated 12/09/2015, from Christopher 1466-1468 3 Cornelius, M.D. 20F Patient Chart Report, dated 07/29/2013 to 01/06/2016, from 1469-1570 102 Anchorage Neighborhood Health 21F No Medical Evidence of Record, dated 01/06/2016, from 1571 1 Integrative Pain Center Of Alaska 22F Physical RFC Assessment, dated 03/10/2016, from Jay E. 1572-1579 8 Caldwell, M.D. 23F Medical Evaluation/Case Analysis, dated 03/15/2016, from 1580-1581 2 Isaiah Ray 24F Daily Notes, dated 06/04/2015 to 05/03/2016, from Alaska 1582-1679 98 Hand Rehabilitation 25F Patient Chart Report, dated 03/05/1999 to 06/13/2016, from 1680-1722 43 Orthopedic Physicians Anchorage 26F MRI Report, dated 11/25/2015 to 09/27/2016, from Dr 1723-1737 15 Christopher Gay 27F Operative Report, dated 05/19/2015 to 10/24/2016, from 1738-1827 90 Alaska Surgery Center 28F Nursing Team Notes, dated 12/09/2015 to 11/02/2016, from 1828-1862 35 Anchorage Neighborhood Health 29F Progress Notes, dated 02/22/2016 to 11/15/2016, from Staci 1863-1899 37 L. Johnson, ANP 30F Encounter and Procedures Notes, dated 11/13/2015 to 1900-1997 98 11/28/2016, from Dr Christopher Gay 31F Daily Notes, dated 09/26/2016 to 12/02/2016, from Select 1998-2044 47 Physical Therapy 32F Physical Assessment, dated 12/06/2016, from Karrianna 2045-2047 3 Gallagher, OTR 33F Office Notes; Laboratory, dated 12/16/2016 to 01/24/2017, 2048-2058 11 from Anchorage Neighborhood Health 34F Office Treatment Records-Encounter Notes, dated 2059-2071 13 09/20/2016 to 11/09/2016, from Allergy Asthma and Immunology Center of Alaska LLC 35F Office Treatment Records-Daily Notes, dated 11/21/2016 to 2072-2133 62 12/19/2016, from Select Physical Therapy DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-2 Filed 10/31/17 Page 5 of 6 Court Transcript Index Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 36F Office Treatment Records, dated 06/13/2016 to 01/10/2017, 2134-2140 7 from Orthopedic Physicians Anchorage 37F Office Treatment Records; OT Progress Notes & Initial 2141-2321 181 Examinationj, dated 10/26/2015 to 02/02/2017, from Alaska Hand Rehabilitation 38F Progress Notes, dated 12/02/2016 to 02/08/2017, from 2322-2333 12 Alaska Center for Ear Nose and Throat 39F Office Treatment Records; Physical Assessment; Procedure 2334-2371 38 & Imaging, dated 11/28/2016 to 02/13/2017, from Alaska Center for Pain Relief Inc. 40F Office Treatment Records and Physical Assessment, dated 2372-2375 4 02/15/2017, from Christopher Cornelius MD 41F Office Treatment Records, dated 02/13/2017 to 03/06/2017, 2376-2385 10 from Alaska Center for Pain Relief 42F Office Treatment Records, dated 03/23/2017 to 04/03/2017, 2386-2396 11 from Alaska Center for Pain Relief 43F Office Treatment Records, dated 01/24/2017 to 04/10/2017, 2397-2412 16 from Anchorage Neighborhood Health Center 44F Progress Notes, dated 01/03/2011 to 04/12/2017, from 2413-2432 20 Alaska Foot and Ankle Specialists 45F Medical Expert Resume, dated 04/20/2017, from Robert B. 2433-2444 12 Sklaroff, M.D. 46F Medical Expert Resume, dated 04/20/2017, from Margaret 2445-2446 2 Ruth Moore, Ph.D. 47F Medical Source Statement-Physical, dated 06/12/2015, from 2447-2448 2 Christopher Cornelius MD 48F Treating Source Statement, dated 10/21/2014 to 11/04/2014, 2449-2451 3 from Anchorage Neighborhood Health Center 49F Physical/Occupational Therapy Records, dated 05/02/2017 to 2452-2468 17 05/11/2017, from Select Physical Therapy DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-2 Filed 10/31/17 Page 6 of 6

Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 08-21-2015

Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 No. of Court Transcript Index Page No. Pages AC Denial (ACDENY), dated 01/15/2015 1-3 3 Attorney/Representative-Supplied Evidence (REPEVID), dated 4-6 3 10/21/2014, from Rep Report of Contact (5002), dated 01/29/2014 7 1 Request for Review of Hearing Decision/Order (HA 520), dated 8 1 09/13/2013 ALJ Hearing Decision (ALJDEC), dated 07/18/2013 9-23 15 Transcript of Oral Hearing (TRANHR), dated 07/08/2013 24-54 31 DATE: August 21, 2015 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-3 Filed 10/31/17 Page 1 of 55

Payment Documents and Decisions 08-21-2015

Payment Documents and Decisions Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 1A Medical Evaluation/Case Analysis, dated 10/23/2012 55-56 2 2A Disability Determination Transmittal-Title 2, dated 57 1 11/29/2012 3A Disability Determination Transmittal-Title 16, dated 58 1 11/29/2012 4A Disability Determination Explanation-Title 2, dated 59-67 9 11/29/2012 5A Disability Determination Explanation-Title 16, dated 68-76 9 11/29/2012 DATE: August 21, 2015 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-4 Filed 10/31/17 Page 1 of 23

Jurisdictional Documents and Notices 08-21-2015

Jurisdictional Documents and Notices Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 1B T2 Notice of Disapproved Claim-Title 2, dated 11/29/2012 77-86 10 2B T2 Notice of Disapproved Claim-Title 16, dated 11/29/2012 87-96 10 3B Request for Hearing by ALJ, dated 01/31/2013 97-98 2 4B Request for Hearing Acknowledgement Letter, dated 99-115 17 02/06/2013 5B CD to Claimant Letter, dated 03/05/2013 116-127 12 6B Hearing Notice, dated 04/16/2013 128-138 11 7B Hearing Notice, dated 06/07/2013 139-149 11 8B Acknowledge Notice of Hearing, dated 06/11/2013 150-151 2 9B Waiver of Right to Representation, dated 07/08/2013 152 1 DATE: August 21, 2015 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-5 Filed 10/31/17 Page 1 of 77

Non Disability Related Development 08-21-2015

Non Disability Related Development Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 1D Application for Supplemental Security Income Benefits-Title 153-158 6 16, dated 09/05/2012 2D Application for Disability Insurance Benefits-Title 2, dated 159-167 9 09/05/2012 3D SSA-L725 Employer Requesting Report, dated 09/10/2012 168 1 4D Request for WC/PDB Information, dated 10/01/2012 169-170 2 5D New Hire, Quarter Wage, Unemployment Query (NDNH), 171-174 4 dated 02/27/2013 6D Summary Earnings Query, dated 02/27/2013 175 1 7D Detailed Earnings Query, dated 02/27/2013 176-179 4 8D Certified Earnings Records, dated 02/27/2013 180-181 2 DATE: August 21, 2015 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-6 Filed 10/31/17 Page 1 of 30

Disability Related Development 08-21-2015

Disability Related Development Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 1E Work Activity Report EE, dated 09/05/2012 182-193 12 2E Work History Report, dated 09/05/2012 194-203 10 3E Disability Report-Adult, dated 09/05/2012 204-213 10 4E Disability Report-Field Office, dated 09/05/2012 214-217 4 5E Work History Report, dated 10/22/2012 218-222 5 6E Claimant questionnaire (generic), dated 10/23/2012 223-226 4 7E Disability Report-Field Office, dated 02/01/2013 227-228 2 8E Disability Report-Appeals, dated 02/01/2013 229-234 6 9E Work Background, dated 03/07/2013 235 1 10E Recent Medical Treatment, dated 03/07/2013 236 1 11E Medications, dated 03/07/2013 237 1 12E Report of Contact, dated 07/05/2013, from Hearing Reminder 238 1 Call DATE: August 21, 2015 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-7 Filed 10/31/17 Page 1 of 58

Medical Records 08-21-2015 Part 1

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 1F Progress Notes, dated 01/13/2012 to 02/17/2012, from 239-251 13 Primary Care Associates 2F Progress Notes, dated 10/26/2011 to 05/31/2012, from 252-259 8 Orthopedic Physicians Anchorage 3F Medical Examination Notes, dated 07/14/2012, from OMAC-260-281 22 Objective Medical Assessments 4F Physician's Reports/Notes, dated 01/25/2012 to 08/03/2012, 282-304 23 from Community Chiropractic Clinic-James Zielinski, DC 5F Treatment Notes, dated 03/07/2012 to 08/05/2012, from 305-387 83 Armstrong Rehabilitation and Strength Training LLC DATE: August 21, 2015 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-8 Filed 10/31/17 Page 1 of 150

Medical Records 08-21-2015 Part 2

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 6F Treatment Notes, dated 03/02/2011 to 10/17/2012, from 388-491 104 Community Chiropractic Clinic 7F No Records for patient, dated 10/20/2012, from Medical Park 492 1 Family Care 8F Record Expunged, dated 06/27/2013 493 1 9F No records for dates requested, dated 03/22/2013, from 494 1 Orthopedic Physicians Anchorage 10F Office Visit Notes, dated 07/16/2012 to 09/24/2012, from 495-509 15 Anchorage Neighborhood Health Center DATE: August 21, 2015 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-9 Filed 10/31/17 Page 1 of 123

Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 09-30-2017

Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 No. of Court Transcript Index Page No. Pages ALJ Hearing Decision (ALJDEC), dated 06/13/2017 510-532 23 Transcript of Oral Hearing (TRANHR), dated 05/25/2017 533-566 34 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-10 Filed 10/31/17 Page 1 of 58 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566

Payment Documents and Decisions 09-30-2017

Payment Documents and Decisions Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 6A ALJ Hearing Decision ~ Paul T. Hebda, ALJ, dated 567-581 15 07/18/2013 7A AC Denial ~ Linda B. Kalet, AAJ, dated 01/15/2015 582-584 3 8A Complaint, dated 03/03/2015 585-600 16 9A US District Court Docket Report, dated 06/24/2015 601-603 3 10A Disability Determination Explanation ~ T2 Initial ~ PRFC: 604-617 14 Isaiah Ray, SDM, dated 03/15/2016 11A Initial Disability Determination by State Agency, Title 2, dated 618 1 03/15/2016 12A Decision of U.S. District Court ~ Judge Timothy M. Burgess, 619-635 17 dated 02/23/2016 13A AC Order ~ Lucille Meis, AAJ, dated 08/19/2016 636-642 7 14A Decision of U.S. District Court, dated 02/23/2016 643-653 11 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-11 Filed 10/31/17 Page 1 of 88 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653

Jurisdictional Documents and Notices 09-30-2017

Jurisdictional Documents and Notices Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 10B Transcript of Oral Hearing, dated 07/08/2013 654-684 31 11B Request for Review of Hearing Decision/Order, dated 685 1 09/13/2013 12B Notice of Award, dated 04/24/2016 686-693 8 13B AC Correspondence, dated 06/14/2016 694-701 8 14B Representative Fee Agreement ~ Brad Myler, AAL, dated 702 1 09/20/2016 15B Appointment of Representative ~ Brad Myler, AAL, dated 703 1 09/20/2016 16B Request for Hearing Acknowledgement Letter, dated 704-724 21 10/27/2016 17B Objection to Video Hearing, dated 10/28/2016 725 1 18B Misc Jurisdictional Documents/Notices, dated 11/11/2015 726-728 3 19B Hearing Notice, dated 02/10/2017 729-757 29 20B Acknowledge Notice of Hearing, dated 02/14/2017 758 1 21B Hearing Notice, dated 04/19/2017 759-792 34 22B Acknowledge Notice of Hearing, dated 04/21/2017 793-794 2 23B Outgoing ODAR Correspondence, dated 04/26/2017 795-797 3 24B Notice Of Hearing Reminder, dated 05/11/2017 798-803 6 25B Representative Fee Agreement, dated 11/08/2016 804 1 26B Appointment of Representative, dated 05/04/2017 805 1 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-12 Filed 10/31/17 Page 1 of 153 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805

Non Disability Related Development 09-30-2017

Non Disability Related Development Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 9D SSI Interim Assistance Reimbursement documents, dated 806 1 11/19/2014 10D Summary Earnings Query, dated 01/12/2017 807 1 11D Detailed Earnings Query, dated 01/12/2017 808-812 5 12D Certified Earnings Records, dated 01/12/2017 813-814 2 13D Application for Disability Insurance Benefits, dated 815-816 2 11/12/2015 14D Amendment to T2 Application, dated 04/19/2016 817-818 2 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-13 Filed 10/31/17 Page 1 of 14 806 807 808 809 810 811 812 813 814 815 816 817 818

Disability Related Development 09-30-2017

Disability Related Development Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 13E Disability Report-Field Office, dated 11/24/2015 819-821 3 14E Disability Report-Adult, dated 11/24/2015, from Brad Myler 822-828 7 15E Function Report-Adult, dated 12/31/2015, from claimant 829-837 9 16E Representative Correspondence, dated 11/15/2016, from 838-840 3 Work Background/Recent Medical Treatment 17E Representative Correspondence, dated 11/17/2016, from 841-848 8 Medications 18E Exhibit List to Rep, dated 01/12/2017 849-859 11 19E Medications, dated 02/10/2017, from Claimant 860 1 20E Recent Medical Treatment, dated 02/10/2017, from Claimant 861 1 21E Work Background, dated 02/17/2017, from Claimant 862 1 22E Work Background, dated 02/17/2017, from Claimant 863-865 3 23E Medications, dated 02/17/2017, from Claimant 866 1 24E Recent Medical Treatment, dated 02/17/2017, from Claimant 867 1 25E Representative Correspondence, dated 10/12/2015, from 868 1 Mallory Cheek, Alaska Pacific University 26E Resume of Vocational Expert, dated 04/20/2017, from 869-870 2 William H. Weiss 27E Education Records-Medical, dated 10/12/2015, from Mallory 871-872 2 Cheek 28E Statement of Claimant or Other Person, dated 03/23/2017, 873 1 from Volunteers of Amercia-David Carey 29E Statement of Claimant or Other Person, dated 04/12/2017, 874-875 2 from Sue Fallon, Ph.D. 30E Statement of Claimant or Other Person, dated 04/20/2017, 876 1 from Rebecca Widmer 31E Representative Correspondence, dated 05/10/2017, from 877-878 2 Brad Myler 32E Representative Brief, dated 05/18/2017 879-880 2 DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-14 Filed 10/31/17 Page 1 of 63 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880

Medical Records 09-30-2017 Part 1

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 11F Progress Notes, dated 04/01/2009 to 01/22/2012, from 881-978 98 Alaska Hand Rehabilitation DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-15 Filed 10/31/17 Page 1 of 99 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978

Medical Records 09-30-2017 Part 2

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 12F Patient Visit Notes, dated 06/06/2014 to 04/30/2015, from 979-1045 67 Alaska Surgery Center DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-16 Filed 10/31/17 Page 1 of 68 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045

Medical Records 09-30-2017 Part 3

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 13F Elbow Therapy/Progress Summary, dated 09/30/2013 to 1046-1144 99 05/18/2015, from Alaska Hand Rehabilitation 14F Primary Care Physician Statement, dated 06/12/2015, from 1145-1146 2 Christopher Cornelius, M.D. 15F Mod-Severe L Knee DJD, dated 06/19/2015, from Orthopedic 1147-1151 5 Physicians Of Anchorage DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-17 Filed 10/31/17 Page 1 of 107 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151

Medical Records 09-30-2017 Part 4

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 16F Treatment Notes, dated 09/30/2013 to 09/04/2015, from 1152-1250 99 Alaska Hand Rehabilitation DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-18 Filed 10/31/17 Page 1 of 100 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250

Medical Records 09-30-2017 Part 5

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 17F Patient Visit Notes, dated 10/22/2013 to 10/20/2015, from 1251-1369 119 Michael G. McNamara, M.D. 18F Chart Notes, dated 10/19/2012 to 11/06/2015, from 1370-1465 96 Community Chiropractic Clinic 19F Physical Assessment, dated 12/09/2015, from Christopher 1466-1468 3 Cornelius, M.D. DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-19 Filed 10/31/17 Page 1 of 219 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468

Medical Records 09-30-2017 Part 6

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 20F Patient Chart Report, dated 07/29/2013 to 01/06/2016, from 1469-1570 102 Anchorage Neighborhood Health 21F No Medical Evidence of Record, dated 01/06/2016, from 1571 1 Integrative Pain Center Of Alaska 22F Physical RFC Assessment, dated 03/10/2016, from Jay E. 1572-1579 8 Caldwell, M.D. 23F Medical Evaluation/Case Analysis, dated 03/15/2016, from 1580-1581 2 Isaiah Ray DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-20 Filed 10/31/17 Page 1 of 114 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581

Medical Records 09-30-2017 Part 7

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 24F Daily Notes, dated 06/04/2015 to 05/03/2016, from Alaska 1582-1679 98 Hand Rehabilitation 25F Patient Chart Report, dated 03/05/1999 to 06/13/2016, from 1680-1722 43 Orthopedic Physicians Anchorage 26F MRI Report, dated 11/25/2015 to 09/27/2016, from Dr 1723-1737 15 Christopher Gay DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-21 Filed 10/31/17 Page 1 of 157 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737

Medical Records 09-30-2017 Part 8

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 27F Operative Report, dated 05/19/2015 to 10/24/2016, from 1738-1827 90 Alaska Surgery Center 28F Nursing Team Notes, dated 12/09/2015 to 11/02/2016, from 1828-1862 35 Anchorage Neighborhood Health 29F Progress Notes, dated 02/22/2016 to 11/15/2016, from Staci 1863-1899 37 L. Johnson, ANP DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-22 Filed 10/31/17 Page 1 of 163 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899

Medical Records 09-30-2017 Part 9

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 30F Encounter and Procedures Notes, dated 11/13/2015 to 1900-1997 98 11/28/2016, from Dr Christopher Gay DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-23 Filed 10/31/17 Page 1 of 99 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997

Medical Records 09-30-2017 Part 10

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 31F Daily Notes, dated 09/26/2016 to 12/02/2016, from Select 1998-2044 47 Physical Therapy 32F Physical Assessment, dated 12/06/2016, from Karrianna 2045-2047 3 Gallagher, OTR 33F Office Notes; Laboratory, dated 12/16/2016 to 01/24/2017, 2048-2058 11 from Anchorage Neighborhood Health 34F Office Treatment Records-Encounter Notes, dated 2059-2071 13 09/20/2016 to 11/09/2016, from Allergy Asthma and Immunology Center of Alaska LLC DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-24 Filed 10/31/17 Page 1 of 75 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071

Medical Records 09-30-2017 Part 11

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 35F Office Treatment Records-Daily Notes, dated 11/21/2016 to 2072-2133 62 12/19/2016, from Select Physical Therapy 36F Office Treatment Records, dated 06/13/2016 to 01/10/2017, 2134-2140 7 from Orthopedic Physicians Anchorage DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-25 Filed 10/31/17 Page 1 of 70 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140

Medical Records 09-30-2017 Part 12

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 37F Office Treatment Records; OT Progress Notes & Initial 2141-2273 133 Examinationj, dated 10/26/2015 to 02/02/2017, from Alaska Hand Rehabilitation DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-26 Filed 10/31/17 Page 1 of 134 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273

Medical Records 09-30-2017 Part 13

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 37F Office Treatment Records; OT Progress Notes & Initial 2274-2321 48 Examinationj, dated 10/26/2015 to 02/02/2017, from Alaska Hand Rehabilitation 38F Progress Notes, dated 12/02/2016 to 02/08/2017, from 2322-2333 12 Alaska Center for Ear Nose and Throat 39F Office Treatment Records; Physical Assessment; Procedure 2334-2371 38 & Imaging, dated 11/28/2016 to 02/13/2017, from Alaska Center for Pain Relief Inc. 40F Office Treatment Records and Physical Assessment, dated 2372-2375 4 02/15/2017, from Christopher Cornelius MD 41F Office Treatment Records, dated 02/13/2017 to 03/06/2017, 2376-2385 10 from Alaska Center for Pain Relief 42F Office Treatment Records, dated 03/23/2017 to 04/03/2017, 2386-2396 11 from Alaska Center for Pain Relief 43F Office Treatment Records, dated 01/24/2017 to 04/10/2017, 2397-2412 16 from Anchorage Neighborhood Health Center 44F Progress Notes, dated 01/03/2011 to 04/12/2017, from 2413-2432 20 Alaska Foot and Ankle Specialists DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-27 Filed 10/31/17 Page 1 of 160 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 2354 2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 2371 2372 2373 2374 2375 2376 2377 2378 2379 2380 2381 2382 2383 2384 2385 2386 2387 2388 2389 2390 2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 2401 2402 2403 2404 2405 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432

Medical Records 09-30-2017 Part 14

Medical Records Civil Action Number: 3:17-CV-00176 Claimant: Angela Gay Weaver Account Number: 496-76-8050 Exhibits Exhibit No. of No. Description Page No. Pages 45F Medical Expert Resume, dated 04/20/2017, from Robert B. 2433-2444 12 Sklaroff, M.D. 46F Medical Expert Resume, dated 04/20/2017, from Margaret 2445-2446 2 Ruth Moore, Ph.D. 47F Medical Source Statement-Physical, dated 06/12/2015, from 2447-2448 2 Christopher Cornelius MD 48F Treating Source Statement, dated 10/21/2014 to 11/04/2014, 2449-2451 3 from Anchorage Neighborhood Health Center 49F Physical/Occupational Therapy Records, dated 05/02/2017 to 2452-2468 17 05/11/2017, from Select Physical Therapy DATE: September 30, 2017 The documents and exhibits contained in this administrative record are the best copies obtainable. Case 3:17-cv-00176-RRB Document 13-28 Filed 10/31/17 Page 1 of 37 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 2459 2460 2461 2462 2463 2464 2465 2466 2467 2468

Consent MOTION for Extension of Time to File Plaintiff's Brief by Angela Gay Weaver.

1 Edward A. Wicklund 2 Admitted Pro Hoc Vice 3 Attorney for Plaintiff Olinsky Law Group 4 300 South State Street 5 Syracuse, New York 13202 Telephone: (315) 701-5780 6 Fax: (315) 701-5781 twicklund@windisability.com 7 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF ALASKA 10 Angela Gay Weaver, 11 Plaintiff, 12 Case No. 3:17-CV-00176-RRB 13 vs. 14 CONSENT MOTION FOR 15 Nancy A. Berryhill, EXTENSION OF TIME 16 Acting Commissioner of Social Security, 17 Defendant 18 CONSENT MOTION FOR EXTENSION OF TIME 19 20 Pursuant to the Social Security Scheduling Order at Docket 10, Plaintiff Angela Gay 21 Weaver, by and through counsel, Edward A. Wicklund, moves for an extension of time of thirty 22 days, from November 30, 2017 up to and including December 30, 2017, to file the Opening Brief 23 in this Social Security disability appeal. Agency counsel has been contacted and consents to this 24 request. This is the first such request in this case. A proposed order is attached hereto for the 25 26 Court’s consideration. 27 28 Consent Motion for Extension of Time Angela Gay Weaver v. Berryhill Case No. 3:17-CV-176-RRB 1 Case 3:17-cv-00176-RRB Document 14 Filed 11/27/17 Page 1 of 3 1 Date: November 27, 2017 Respectfully submitted, 2/s/Edward A. Wicklund Edward A. Wicklund 3 Admitted Pro Hoc Vice 4 Olinsky Law Group 300 South State Street 5 Syracuse, New York 13202 Phone: (315) 701-5780 6 Email: twicklund@windisability.com 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Consent Motion for Extension of Time Angela Gay Weaver v. Berryhill Case No. 3:17-CV-176-RRB 2 Case 3:17-cv-00176-RRB Document 14 Filed 11/27/17 Page 2 of 3 1 CERTIFICATE OF SERVICE 2 3 This is to certify that I have this day served counsel for the Defendant with Plaintiff’s Consent Motion for Extension of Time by filing the foregoing on the Court’s ECF system, which sent 4 electronic notice to the following recipients: 5 6 David J. Burdett Assistant Regional Counsel 7 Office of the General Counsel 8 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 9 Seattle, WA 98104-7075 Telephone: (206) 615-3706 10 Fax: (206) 615-2531 11 david.burdett@ssa.gov 12 13 14 This 27th day of November, 2017. 15/s/Edward Wicklund 16 Edward Wicklund, Esq. 17 18 19 20 21 22 23 24 25 26 27 28 Consent Motion for Extension of Time Angela Gay Weaver v. Berryhill Case No. 3:17-CV-176-RRB 3 Case 3:17-cv-00176-RRB Document 14 Filed 11/27/17 Page 3 of 3

Proposed Order

1 2 IN THE UNITED STATES DISTRICT COURT 3 DISTRICT OF ALASKA 4 Angela Gay Weaver, 5 Plaintiff, 6 Case No. 3:17-CV-00176-RRB 7 vs. 8 PROPOSED ORDER 9 Nancy A. Berryhill, 10 Acting Commissioner of Social Security, 11 Defendant 12 PROPOSED ORDER 13 Upon consideration of Plaintiff’s Consent Motion for Extension of Time, it is ORDERED 14 15 that Plaintiff shall file the opening brief in this matter on or before December 30, 2017. 16 17 SO ORDERED, this ____ day of __________ 2017. 18 19 ________________________ 20 Ralph R. Beistline United States District Judge 21 22 23 24 25 26 27 28 1 Case 3:17-cv-00176-RRB Document 14-1 Filed 11/27/17 Page 1 of 1

MOTION Reversal and Remand in a Social Security Appeal by Angela Gay Weaver.

1 Edward Wicklund 2 Pro Hac Vice Attorney for Plaintiff 3 Olinsky Law Group 4 One Park Place, 300 South State Street Syracuse, New York 13202 5 twicklund@windisability.com 6 Phone: (315) 701-5780 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF ALASKA 10 ANGELA GAY WEAVER, 11 Plaintiff, CIVIL ACTION NO. 3:17-cv-00176-RRB 12 -v- 13 14 NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. 15 ----------------------------------------------------------- 16 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF A SOCIAL SECURITY APPEAL 17 ISSUES PRESENTED FOR REVIEW 18 19 1. The ALJ's residual functional capacity determination is unsupported by substantial 20 evidence because the ALJ erred in evaluating the opinion evidence. 21 2. The ALJ's credibility assessment is unsupported by substantial evidence because the 22 ALJ erred in considering the required factors. 23 3. The ALJ's Step Four determination is unsupported by substantial evidence because the 24 25 ALJ relied on vocational testimony elicited in response to an incomplete hypothetical 26 question. 27 28 1 1 1 PROCEDURAL STATUS 2 On August 23, 2012, Plaintiff protectively filed a claim for Social Security Disability 3 benefits under Title II and Title XVI alleging disability beginning on February 17, 2012. Tr. 4 5 12. Plaintiff retained insured status through December 31, 2016. Tr. 12. Plaintiff's claims 6 were initially denied on November 29, 2012. Tr. 12. The adjudicator reviewed Dr. Myung 7 Song's opinion and found that Plaintiff could frequently lift and carry less than ten pounds 8 and occasionally lift and carry ten pounds, stand and walk for two hours in an eight-hour 9 workday, and frequently handle and finger bilaterally. Tr. 63-64. The adjudicator determined 10 11 that Plaintiff could return to her past work as a payroll clerk and was therefore not disabled. 12 Tr. 66. 13 Plaintiff filed a request for a hearing on January 17, 2013. Tr. 12. Plaintiff appeared at 14 a hearing in front of Administrative Law Judge ("ALJ") Hebda on July 8, 2013. On July 18, 15 2013, the ALJ issued an unfavorable decision. Tr. 9. In his decision, the ALJ found that 16 17 Plaintiff had the residual functional capacity to perform light work except she could stand and 18 walk for only four hours in an eight-hour work day and sit for up to four hours in a day, can 19 occasionally climb ramps and stairs, stoop, kneel, crouch, and crawl, and can never climb 20 ladders, ropes, and scaffolds. Plaintiff can frequently handle with the left upper extremity and 21 22 must avoid concentrated exposure to non-weather related extreme cold, to excessive vibration, 23 unprotected heights and hazardous machinery. Tr. 15. 24 On September 13, 2013, Plaintiff filed an appeal requesting Appeals Council review. 25 Tr. 8. On January 15, 2015, the Appeals Council denied Plaintiff's request for review. Tr. 1. 26 On March 3, 2015, Plaintiff filed an appeal to Federal Court. Tr. 585. On February 23, 2016, 27 28 Judge Burgess remanded the case finding that the ALJ's decision was not supported by 2 1 1 substantial evidence and that the ALJ's finding that Plaintiff was not credible was additionally 2 not supported by substantial evidence. Tr. 652. 3 While Plaintiff's appeal was pending, she filed a new claim for disability benefits on 4 5 November 11, 2015 alleging disability from July 19, 2013 onward. Tr. 604. On March 15, 6 2016, Plaintiff's claim was approved. Tr. 604. The adjudicator found that Plaintiff was limited 7 to lifting and carrying twenty pounds occasionally and ten pounds frequently, but only 8 standing for a maximum of two hours in an eight-hour work day. Tr. 612. Plaintiff can only 9 use her bilateral upper extremities occasionally for push and pull and her lower extremities 10 11 frequently. Tr. 613. The adjudicator also found that Plaintiff could frequently handle and 12 finger, but occasionally grip with the thumb and twist. Tr. 613. The adjudicator approved 13 Plaintiff's claim and found her disabled from July 19, 2013 onward. Tr. 616. 14 On August 19, 2016, the Appeals Council reopened the favorable decision in 15 Plaintiff's case and consolidated it with Plaintiff's federal court remand. Tr. 641. Plaintiff 16 17 attended a new hearing on May 25, 2017. The ALJ again denied her claim on June 13, 2017, 18 finding her not disabled from February 17, 2012, through the date of the decision. Tr. 511-23. 19 Plaintiff again appealed to this Court for review. 20 STATEMENT OF FACTS 21 22 A. Medical Records 23 On April 1, 2009, Plaintiff underwent right wrist arthroscopy and debridement. PA-C 24 Robert Thomas reviewed her X-rays sixteen weeks post-surgery and noted that they were 25 normal, and that Plaintiff was not benefitting from occupational therapy. Tr. 958-959. 26 On March 8, 2011, Dr. James Zielinski, Plaintiff's chiropractor, noted that Plaintiff 27 28 had a positive straight leg raise at fifty degrees on the left and could not fully extend her left 3 1 1 knee due to pain. Tr. 388. Plaintiff also had a positive sacral apex test bilaterally. Tr. 388. On 2 March 11, 2011, Plaintiff also presented with a positive Tinel's sign, positive Phalen's sign, 3 positive Mennell's sign, positive Kemp's sign, positive Minor's sign, positive Gaenslen's test, 4 5 and a positive Lasegue test. Tr. 395. On March 14, 17, 23, and 28, 2011, Plaintiff had similar 6 orthopedic test results. Tr. 396-399. Also, Plaintiff again had similar limitations on April 1, 5, 7 and 7, 2011. Tr. 400-402. On July 1, 2011, Dr. Zielinski again found a positive straight leg 8 raise on the left side at fifty degrees and noted reduced flexion, extension, and left lateral 9 extension. Tr. 389. 10 11 On December 1, 2010, Plaintiff underwent a left wrist MRI which showed a lesion on 12 the radial side of the wrist. Tr. 926-927. From July 11, 2011 through October 21, 2011, PA-C 13 Thomas treated Plaintiff for left S-L repair/radial styloidectomy. Tr. 881-922. Plaintiff was 14 fitted for a splint and then underwent fifteen visits of physical therapy where she 15 demonstrated improvement, but was still limited to lifting no more than five pounds. Tr. 881. 16 17 On December 5, 2011, PA-C Thomas noted that Plaintiff had attended twenty-two sessions 18 and was still not cleared for full duty at work. Tr. 896. 19 On January 12, 2012, Plaintiff again underwent an assessment with Dr. Zielinski and 20 he opined that Plaintiff had a positive straight leg raise on the left side at thirty degrees and 21 22 neuromuscular weakness on the left side. Tr. 390. On January 20, 2012, Plaintiff had a 23 positive left side straight leg raise at forty degrees. Tr. 408. Plaintiff continued to undergo 24 treatment with Dr. Zielinski on January 23, 25, 27, and 30, 2012. Tr. 413-417. 25 On January 13, 18, and 30th, 2012, Plaintiff was assessed for her back pain and limited 26 to lifting no more than five pounds at work. Tr. 244-248. On February 6, 2012, PA April 27 28 4 1 1 Luezunger limited Plaintiff to no lifting and carrying or push/pull and a seated job with the 2 ability to change positions at will for 12-15 days. Tr. 242. 3 On February 1, 6, 9, 13, 16, 20, 22, 24, and 27, 2012, Plaintiff sought treatment from 4 5 Dr. Zielinski for her chronic back pain. Tr. 416-426. On February 27, 2012, Plaintiff 6 underwent X-rays that showed severe anterolisthesis of L4 and sacralization at L5. Tr. 409. 7 On February 21, 2012, Plaintiff underwent a CT scan of her back, which showed 8 severe bilateral facet arthropathy at L4-L5 and a diffuse disc bulge that causes severe right 9 and moderate to severe left neural foraminal narrowing. Tr. 258. On February 27, 2012, 10 11 Plaintiff saw PA-C Eric Souja for follow-up appointment for workers' compensation. Tr. 239. 12 Plaintiff's chiropractor previously imposed work restrictions and took Plaintiff out of work. 13 Tr. 239. She started doing better, but lifted laundry and reinjured her back and is feeling 14 worse. Tr. 239. PA-C Souja diagnosed back pain with radicular symptoms. Tr. 239. 15 From March through May 2012, Plaintiff continued to receive twice weekly treatment 16 17 from Dr. Zielinski. Tr. 426-445. On May 16, 2012, Dr. Zielinski conducted an orthopedic re- 18 evaluation where Plaintiff exhibited a positive straight leg test, positive Braggard's sign, 19 positive Ely's sign on the left, and a positive Nachlas test. Tr. 410. Dr. Zielinski also drafted a 20 letter outlining his restrictions on Plaintiff's ability to work. Tr. 282. He stated that on 21 22 January 25, 2012, Plaintiff was limited to no heavy lifting or sudden movements because 23 Plaintiff wanted to continue working. Tr. 282. Then on February 9, 2012, Dr. Zielinski limited 24 Plaintiff to a no physical work profile and he amended this on February 20, 2012 to limit the 25 amount of time Plaintiff could sit. Tr. 282. Finally, on February 23, 2012, Dr. Zielinski 26 restricted all of Plaintiff's activities. Tr. 282. 27 28 5 1 1 From May through July 2012, Plaintiff continued her twice weekly treatment with Dr. 2 Zielinski. Tr. 446-458. On July 12, 2012, Dr. Zielinski conducted another orthopedic 3 assessment and found that Plaintiff had a positive straight leg test at thirty degrees on the left 4 5 and a positive Lasague test. Tr. 411. 6 On July 14, 2012, Dr. Richard Rivera, a chiropractor, conducted an assessment for 7 Plaintiff's worker's compensation claim. Dr. Rivera opined that Plaintiff's limitations were 8 caused by pre-existing conditions and resulted in her not carrying more than twenty-five 9 pounds and required the need to change positions frequently including standing up, walking 10 11 around, and stretching for a few minutes. Tr. 278. 12 On August 2, 2012, Plaintiff saw Dr. Zielinski for continued pain in her lumbar spine 13 rated at about a five. Tr.459. On August 3, 2012, Dr. Zielinski drafted a letter in response to 14 Plaintiff's Independent Medical Examination. Tr. 283. Dr. Zielinski noted that Plaintiff is 15 making progress in her treatment and was initially unable to walk or stand up straight. Tr. 16 17 283. Dr. Zielinski stated that Plaintiff is not a malingerer and has not magnified her pain in 18 any way. Tr. 284. Plaintiff continued to receive consistent chiropractic treatment from Dr. 19 Ziekinski and Dr. Langford from August 2012 through June 2013. Tr. 459-490 and 1370- 20 1407. 21 22 On September 24, 2012, Plaintiff underwent X-ray imaging of her left knee that 23 showed marked degenerative changes and large osteophytes. Tr. 507. On October 17, 2012, 24 Plaintiff underwent an MRI, which showed extremely severe left patellofemoral chondrosis 25 and moderate to severe posteromedial left lateral tibial plateau chondrosis, severe complex 26 tear of the body and posterior horn of the left medial meniscus, and inner margin radial tear of 27 28 the posterior horn left lateral meniscus near the meniscal root. Tr. 505-506. 6 1 1 On June 18, 2013, Plaintiff was in a car accident that caused increased pain. She 2 sought chiropractic treatment for increased pain in her left neck and upper back at an eight out 3 of ten. Tr. 1408. Dr. Langford increased Plaintiff's visits to three times a week for four weeks. 4 5 Tr. 1409. Plaintiff underwent a full orthopedic exam where she had a positive Soto-Hall sign, 6 positive straight leg raise at sixty degrees, and a positive Minor's sign. Tr. 1411. Plaintiff 7 underwent X-rays which showed degenerative disc disease at C4-T1 with spurring at C5-C6. 8 Tr. 1412. Plaintiff had moderate degenerative disc disease at L1-S1 and spondylolisthesis at 9 L5. Tr. 1412-1413. Plaintiff attended chiropractic treatment three times a week through June 10 11 and July 2013 and then twice weekly treatment throughout August 2013. Tr. 1412-1448. 12 In June 2014, Plaintiff underwent a left side ligament repair and tendon interposition 13 surgery following nine months of constant pain. Tr. 1076. 14 In July 2014, Plaintiff injured her right elbow from overuse. Tr. 981 and 1076. 15 Plaintiff underwent ten months of treatment including injections with only short-lived relief. 16 17 Tr. 981. Plaintiff also attended physical therapy twice weekly for eight weeks. Tr. 1057. On 18 May 20, 2015, Plaintiff underwent right elbow lateral extensor debridement and lateral 19 epicondylectomy to treat chronic tennis elbow. Tr. 1052. 20 On August 20, 2014, Plaintiff saw Dr. Christopher Cornelius for follow-up post right 21 22 thumb surgery and for increasing left knee pain. Tr. 1542. On October 17, 2014, Plaintiff saw 23 Dr. Cornelius for right elbow pain. Tr. 1536. On October 21, 2014, Plaintiff received her first 24 knee injection from Dr. Cornelius. Tr. 1533. He also wrote a statement finding Plaintiff unfit 25 for employment due to diabetes, post-traumatic arthritis, and osteoarthritis. Tr. 2449. On 26 November 19, 2014, Dr. Cornelius diagnosed Plaintiff with osteoarthritis in multiple joints. 27 28 Tr. 1525. 7 1 1 On March 5, 2015, Plaintiff saw Dr. Cornelius for a steroid injection in her knee. Tr. 2 1510. On April 21, 2015, Plaintiff saw Dr. Cornelius for Achilles tendon pain. Tr. 1501. On 3 May 14, 2015, Plaintiff saw Dr. Cornelius for a pre-operative appointment for her right 4 5 elbow. Tr. 1498. 6 On May 30, 2015, Plaintiff returned to chiropractic treatment due to increased pain. 7 Tr. 1450. Plaintiff continued to receive monthly adjustments through October 2015. Tr. 1450- 8 1465. 9 On June 12, 2015, Dr. Christopher Cornelius, Plaintiff's primary care physician from 10 11 September 2014 onward opined that Plaintiff is disabled and unable to work based upon 12 having four left wrist surgeries, right knee osteoarthritis, right wrist osteoarthritis, right elbow 13 weakness post-surgery, right Achilles tendonitis, right femur fracture causing post-traumatic 14 hip arthritis, and type two diabetes. Tr. 1146. Dr. Cornelius limited Plaintiff to no more than 15 twenty minutes of standing or sitting at a time. Tr. 1146. On June 17, 2015, Plaintiff saw Dr. 16 17 Cornelius for steroid injections in her knee. Tr. 1494. 18 On June 29, 2015, PA-C Dana Murphy conducted X-rays of Plaintiff's left knee and 19 diagnosed severe left knee osteoarthritis and full thickness chrondrosis which she treated with 20 cortisone injections. Tr. 1150. PA-C Murphy stated that if the injections do not work, Plaintiff 21 22 will need a total knee replacement. Tr. 1150. 23 On July 14, 2015, Plaintiff saw Dr. Cornelius and stated that she was healing from her 24 right elbow surgery and her tendonitis is improving. Tr. 1491. 25 On October 26, 2015, underwent an initial assessment with OTR Karrianna Gallagher. 26 Tr. 2313-2316. Plaintiff told OTR Gallagher that she limits showers to three times per week 27 28 due to pain and that her daughter performs all household chores. Tr. 2314. She also uses 8 1 1 dictation software for her schoolwork because she cannot type. Tr. 2314. Plaintiff underwent 2 occupational therapy sessions weekly through February 2, 2017. Tr. 2143-2316. 3 On November 5, 2015 and December 9, 2015, Dr. Cornelius saw Plaintiff for chronic 4 5 pain. Tr. 1481-1487. On December 30, 2015, Dr. Cornelius completed a physical assessment 6 form and opined that Plaintiff can only sit for an hour and stand for an hour and cannot walk a 7 city block without paint. Tr. 1467. Dr. Cornelius opined that Plaintiff could only reach, handle, 8 and finger bilaterally for about ten percent of a workday. Tr. 1467. Dr. Cornelius limited 9 Plaintiff to occasionally lifting less than ten pounds. Tr. 1467. Dr. Cornelius additionally opined 10 11 that Plaintiff would be absent from work at least four times per month. Tr. 1468. 12 On November 13, 2015, Dr. Christopher Gay began pain management treatment for 13 Plaintiff's chronic pain. Tr. 1996. Dr. Gay ordered MRIs of Plaintiff's right shoulder, cervical 14 spine, and lumbar spine. Tr. 1996-1997. Dr. Gay noted that Plaintiff had an antalgic gait and 15 tenderness in the cervical and lumbar spine with decreased sensation in the posterior legs. Tr. 16 17 1996. On November 30, 2015, Dr. Gay performed a medial nerve block at L4-L5. Tr. 1989. On 18 December 16, 2015, Dr. Gay performed a second nerve block on Plaintiff. Tr. 1987. On January 19 4, 2016, Dr. Gay performed a steroid injection in Plaintiff's knee. Tr. 1982. On May 4, 2016, 20 Plaintiff underwent an injection in her right foot. Tr. 1972. On May 19, 2016, Plaintiff 21 22 underwent a steroid injection in her sacroiliac joint. Tr. 1970. On June 6, 2016, Plaintiff 23 underwent an injection in her right shoulder. Tr. 1967. On June 21, 2016, Dr. Gay noted that 24 Plaintiff walks with a limp. Tr. 1964. 25 On March 10, 2016, Dr. Jay Caldwell completed a residual functional capacity form 26 from July 18, 2013 through present. Tr. 1572-1579. Dr. Caldwell opined that Plaintiff could 27 28 occasionally lift and carry twenty pounds and frequently lift and carry ten pounds. Tr. 1572- 9 1 1 1579. Plaintiff could sit for about six hours and stand for at least two hours, but would feel 2 better with a cane. Tr. 1572-1579. Plaintiff can frequently handle and finger, but only 3 occasionally use her hands for actions involving thump gripping, squeezing, and twisting. Tr. 4 5 1575. 6 From September 26, 2016 through December 19, 2016, Plaintiff attended physical 7 therapy twice weekly for her lumbar spine pain. Tr. 1998-2043 and 2072-2133. 8 On October 26, 2016, Plaintiff underwent surgery to repair right side cerebrospinal fluid 9 leak. Tr. 1763. On November 2, 2016, Dr. Cornelius saw Plaintiff for a post-operative 10 11 appointment. Tr. 1829. Plaintiff complained of increased arthritic pain and Dr. Cornelius noted 12 a right rotator cuff tear. Tr. 1829. 13 On December 6, 2016, OTR Karriana Gallagher opined that Plaintiff could stand and 14 sit for only one hour at a time each and would need to take breaks every thirty minutes for at 15 least fifteen minutes. Tr. 2046. OTR Gallagher opined that Plaintiff can only occasionally carry 16 17 less than ten pounds and would be limited to bilateral reaching, handling, and fingering for only 18 ten percent of the work day. OTR Gallagher also opined that Plaintiff would miss work at least 19 four days per month. Tr. 2047. 20 On January 10, 2017, Plaintiff underwent bilateral knee injections. She had her first 21 22 round of injections six months prior with good results. Tr. 2134. 23 On February 13, 2017, Dr. Gay completed a residual functional capacity assessment and 24 opined that Plaintiff can sit or stand up to an hour and can walk less than a block. Tr. 2334. 25 Plaintiff would need to take a ten to fifteen minute break every twenty to thirty minutes. Tr. 26 2334. Plaintiff could occasionally lift less than ten pounds and can use her bilateral upper 27 28 10 1 1 extremities for reaching, handling, and fingering up to ten percent of the day. Tr. 2335. Plaintiff 2 would be absent from work at least four times per month. Tr. 2335. 3 On February 15, 2017, Dr. Cornelius completed another residual functional capacity 4 5 assessment where he opined that Plaintiff can sit or stand up to an hour and can walk less than 6 a block. Tr. 2372. Dr. Cornelius opined that Plaintiff would need to take a fifteen-minute break 7 every thirty minutes and would miss work at least four times per month. Tr. 2372. Dr. Cornelius 8 limited Plaintiff to lifting and carrying no more than ten pounds and only handling, fingering, 9 and reaching for ten percent of the day. Tr. 2373. 10 11 Plaintiff continued to engage in physical therapy and pain management up until May 12 2017. Tr. 2453-2468. 13 B. Hearing Testimony 14 Plaintiff lives with her twenty-three-year-old daughter, who moved back in with 15 16 Plaintiff in 2012 to help with her limitations. Tr. 544. Plaintiff has her driver's license and 17 drives to physical therapy four times a week. Tr. 544. Plaintiff also attends church. Tr. 554. 18 Plaintiff last worked in 2013 as a part-time caregiver for ARC of Anchorage. Tr. 545- 19 546. She also worked part-time at the front desk for Alaska Pacific University. Tr. 546. She 20 21 worked as a personal shopper for Yukon Pipeline Support Services. Tr. 546. Plaintiff also 22 worked as a tutor and teaching assistant in preschool and kindergarten. Tr. 546. Plaintiff 23 worked for Stuart Construction helping people complete paperwork. Tr. 548. Plaintiff went 24 back to school and earned her Bachelor's degree in counseling and psychology. Tr. 549. She 25 had people type for her and was allowed to record the lectures. Tr. 549. 26 27 Plaintiff is five feet eight inches and weighs two hundred forty pounds and is down 28 about twenty-five pounds. Tr. 551. Plaintiff gets injections from her pain specialist. Tr. 552. 11 1 1 She also takes three hundred milligrams of gabapentin and hydrocortisone for her pain. Tr. 2 555. Plaintiff also takes eight hundred milligrams of ibuprofen. Tr. 556. The medications 3 make her feel drowsy and sleepy. Tr. 556. 4 5 She has changed her apartment so that she does not need to reach overhead. Tr. 553. 6 Plaintiff has trouble carrying her purse and cannot lift more than four to five pounds. Tr. 553. 7 She cannot type or write with her right hand. Tr. 553. Plaintiff cannot walk over a block and is 8 in pain when she sits or stands for more than forty-five minutes to an hour. Tr. 553. Plaintiff 9 stated that bathing is very hard for her and she has to get ready in shifts, so she can get fully 10 11 dressed and apply her pain patches. Tr. 557. 12 Dr. Robert Sclaroff, an oncologist, hematologist, and practitioner of internal medicine 13 served as a non-examining medical expert. Tr. 538. Dr. Sclaroff opined that Plaintiff's main 14 problem is exogenous obesity and all of her other conditions are being handled medically. Tr. 15 539. Dr. Sclaroff opined: 16 17 I have a bunch of documents open for reference purposes including 47F and, for example, bullet No. 3, right femur fracture, no issue is active right now. The right 18 knee arthritis not found when they were discussing the physical therapy issues in 19 the, in the added information. And each one of those other points can easily be categorized comparably. Therefore, the RFC should be basically normal. No 20 problem with lift, pull, push, postural changes, can stand, sit or walk, any one of them, six hours during a normal eight-hour day with no more breaks. No problem 21 with lifting 50 pounds occasionally, 25 pounds frequently. Should have an eye 22 exam, but otherwise no problems with the eyes, ears, special senses, hands or feet. And then in light of exogenous obesity and probably associated anxiety and 23 depression. No issues regarding heights, with ropes, poles, ropes, ladders, heights, et cetera, and hazardous machinery. Tr. 540. 24 25 Dr. Sclaroff noted that he saw no overwhelming problem regarding pain in the treatment 26 notes and that all problems could be handled medically. Tr. 541. He stated that he 27 disagreed with the light residual functional capacity because "there was no reason not to." 28 12 1 1 Tr. 541. Dr. Margaret Moore, a clinical psychologist, testified that Plaintiff has no 2 medically determinable mental impairments. Tr. 543. 3 C. Vocational Expert Testimony 4 5 Vocational Expert William Weis ("VE") testified that Plaintiff's past work included: 6  Preschool Tutor, light, SVP 6, DOT 099.327-010 7  Administrative Clerk, light, SVP 4, DOT 219.362-010  Receptionist, sedentary, SVP 4, DOT 237.367-038 8  Childcare Worker, light, SVP 4, DOT 359.677-018 Tr. 561-562. 9 The ALJ asked if an individual could return to Plaintiff's past work if they were limited to do 10 11 medium level work as defined by the Social Security Administration but would not have any 12 climbing of ladders, ropes or scaffolding, would have no exposure to unprotected heights and 13 hazardous machinery. We (sic) have no nonexertional limitations or manipulative limitations. 14 Tr. 562. The VE testified that an individual could perform all of Plaintiff's past work. Tr. 562. 15 The VE testified that if an individual worked at the light level, they could also perform the 16 17 Plaintiff's past work. Tr. 563. The VE testified that a sit/stand option would eliminate the 18 childcare worker and tutor. Tr. 563. The VE testified that a limitation to sedentary with 19 occasional handling and fingering would preclude past work. Tr. 565. The VE also testified 20 that two unscheduled absences per month would preclude employment. Tr. 565. 21 CONTENTIONS 22 23 Pursuant to 42 U.S.C. §§ 405(g), 1383(c) (3) this Court may review the record to 24 determine whether the Commissioner applied the proper legal standards and whether 25 substantial evidence supports the Commissioner's final decision to deny the Plaintiff benefits. 26 Substantial evidence means more than a mere scintilla of evidence. It means such relevant 27 28 evidence as a reasonable mind might accept as adequate to support the ALJ's conclusion. 13 1 1 Richardson v. Perales, 402 U.S. 389, 401 (1971); Hill v. Astrue, 698 F.3d 1153, 1159 (9th 2 Cir. 2012); Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)). 3 To be considered disabled under the Social Security Act, a Plaintiff must demonstrate 4 5 an "inability to engage in any substantial gainful activity by reason of any medically 6 determinable physical or mental impairment which can be expected to result in death or which 7 has lasted or can be expected to last for a continuous period of not less than 12 months." 42 8 U.S.C. § 423(d) (1) (A). 9 1. The ALJ's residual functional capacity determination is unsupported by 10 substantial evidence because the ALJ erred in weighing and evaluating the 11 medical opinion evidence of record. 12 Residual functional capacity is the most someone can do despite their mental and 13 physical limitations. Berry v. Astrue, 622 F.3d 1228, 1233 (9th Cir. 2010); 20 C.F.R. § 14 404.1545(a) (1), 416.945(a) (1). In determining a claimant's RFC, the ALJ must base his 15 findings on "all of the relevant medical and other evidence," including a claimant's testimony 16 17 regarding the limitations imposed by his impairments. 20 C.F.R. §§ 404.1545(a) (3), 18 416.945(a) (3). 19 The ALJ erred in formulating Plaintiff's residual functional capacity because he 20 improperly found many Plaintiff's impairments non-severe. The ALJ erroneously relied upon 21 22 the opinion of non-examining physician Dr. Sclaroff. He improperly rejected the opinions of 23 Plaintiff's treating physician Dr. Cornelius. The ALJ failed to discuss the findings of treating 24 physician Dr. Gay and the opinion of OTR Gallagher. The ALJ's residual functional capacity 25 assessment is not based on substantial evidence and is therefore erroneous requiring remand. 26 The ALJ should have accorded controlling weight to the opinions of Dr. Cornelius and Dr. 27 28 Gay and found claimant disabled. 14 1 1 The ALJ's reliance upon Dr. Sclaroff's opinion creates a twofold legal error. First, the 2 ALJ erroneously determined that Plaintiff's only severe impairments were obesity and 3 discogenic disorder of the spine. Tr. 516. The ALJ reached this conclusion by relying on Dr. 4 5 Sclaroff's opinion solely that Plaintiff's knee, shoulder, and wrist problems were non-severe. 6 Tr. 517. The law states that: 7 An impairment or combination of impairments is considered "severe" if it 8 significantly limits an individual's physical or mental abilities to do basic work activities; an impairment(s) that is "not severe" must be a slight abnormality (or a 9 combination of slight abnormalities) that has no more than a minimal effect on the ability to do basic work activities. (See SSR 85-28). 10 11 Without recounting the synopsis of over one thousand pages of medical evidence that 12 demonstrate six surgeries, countless MRI results, physical therapy, and pain management, it is 13 abundantly clear that Dr. Sclaroff's opinion is at odd with the facts of this case. Further, Dr. 14 Sclaroff's opinion is inconsistent with all other medical professionals in this case and cannot 15 constitute substantial evidence that Plaintiff only has two severe impairments. 16 17 Along those same lines, reliance upon Dr. Sclaroff's opinion in formulating Plaintiff's 18 residual functional capacity is erroneous because the opinion of a non-examining does not 19 constitute substantial evidence. The opinion of a non-examining physician cannot by itself 20 constitute substantial evidence that justifies the rejection of the opinion of either an examining 21 22 physician or a treating physician. Pitzer v. Sullivan, 908 F.2d 502, 506 n. 4 (9th Cir. 1990); 23 Gallant v. Heckler, 753 F.2d 1450, 1456 (9th Cir. 1984). In Gallant, the Court held that "the 24 report of [a] non-treating, non-examining physician, combined with the ALJ's own 25 observance of [the] claimant's demeanor at the hearing" did not constitute "substantial 26 evidence" and, therefore, did not support the Commissioner's decision to reject the examining 27 28 physician's opinion that the claimant was disabled. Gallant, 753 F.2d at 1456. Similarly, in 15 1 1 Pitzer, we concluded that the non-examining doctor's opinion "with nothing more" did not 2 constitute substantial evidence. Pitzer, 908 F.2d at 506 n. 4. The ALJ's reliance upon Dr. 3 Sclaroff's opinion in finding severe impairments and then determining Plaintiff's residual 4 5 capacity constitutes legal error and requires a reversal. 6 Next, the ALJ erred in assigning little weight to the findings of Dr. Cornelius. The 7 ALJ rejected the findings of Plaintiff's treating physician Dr. Cornelius stating: 8 The record, however, is inconsistent with Dr. Cornelius's opinions. For instance, 9 his own clinical exam notes are devoid of objective findings that would support the nature and degree of his opinions. For example, Dr. Cornelius's treatment 10 notes show that the claimant reported being pleased about her overall health status 11 in July 2015, that she displayed no signs of extremity edema, and that she displayed good strength and range of motion in the right upper extremity during 12 examinations in November and December 2015. (Exhibit 20F). Furthermore, the claimant's self-reported activities and abilities are inconsistent with Dr. 13 Cornelius's opinions. For example, December 2015 clinic notes show that she 14 reported that her hands were feeling okay, and that she was able to engage in "several hours" of card playing, which included shuffling and dealing. As such, 15 the undersigned accords little weight to Dr. Cornelius's findings. Tr. 521-522. 16 In determining RFC, more weight must be given to the opinion of treating physicians, 17 and if there is a conflict '"the ALJ must give specific, legitimate reasons for disregarding the 18 19 opinion of the treating physician."' Lamb v. Colvin, 3:13-cv-00047, 2014 U.S. Dist. LEXIS 20 10843, at *33 (D. Alaska Jan. 29, 2014) (Gleason, J.) (quoting Batson v. Comm'r of Soc. Sec. 21 Admin., 359 F.3d 1190, 1195 (9th Cir. 2004)). Generally, "'more weight should be given to 22 the opinion of a treating source than to the opinion of doctors who do not treat the claimant.'" 23 Garrison v. Colvin, 759 F.3d 995, 1012 (9th Cir. 2014); see Lester v. Chater, 81 F.3d 821, 24 25 830 (9th Cir. 1995) (citing Winans v. Bowen, 853 F.2d 643, 647 (9th Cir. 1987)). If a treating 26 physician's opinion is not given "controlling weight," it is still entitled to deference, and the 27 ALJ must assess the following factors to determine how much weight to afford the opinion: 28 16 1 1 the length of the treatment relationship, the frequency of examination by the treating 2 physician, the medical evidence supporting the opinion with the record as a whole, the 3 qualifications of the treating physician, and other factors tending to support or contradict the 4 5 opinion. 20 C.F.R. § 404.1527(c)(2). 6 The ALJ should have assigned controlling weigh to Dr. Cornelius's opinion because it 7 is largely consistent with the findings of treating physician Dr. Gay who sent Plaintiff for 8 MRIs, conducted nerve blocks, sensation testing, and performed steroid injections. Tr.1996- 9 1997, 1967, 1981. Dr. Cornelius's opinion is also consistent with the findings of OTR 10 11 Gallagher and Dr. Caldwell. Non-examining physician Caldwell had the benefit of reviewing 12 all of Plaintiff's objective tests, treatment notes, and surgery reports and still had similar 13 findings to Dr. Cornelius. Tr. 1572-1579. Similarly, Dr. Song, the physician who reviewed 14 Plaintiff's file for the 2012 initial determination also found similar limitations to those of Dr. 15 Cornelius. Tr. 63-64. The ALJ erred in not affording controlling weight to Dr. Cornelius's 16 17 opinion as it is largely consistent with Plaintiff's other treating physician's opinion, the 18 opinion of Plaintiff's occupational therapist and the opinions of two non-examining 19 physicians. 20 The ALJ failed to provide "specific and legitimate reasons" for rejecting the findings 21 22 of Dr. Cornelius. The ALJ's reasons for rejecting Dr. Cornelius's findings are based on 23 cherry-picked evidence in the record. The ALJ cites a single instance where Plaintiff was 24 doing better as the basis for rejecting Dr. Cornelius's opinion. This is taken wholly out of 25 context as, Plaintiff also reported increased pain, was recovering from right elbow surgery, 26 and had an injection in her left knee. Tr. 1491. The ALJ also attempts to cite "good strength 27 28 and range of motion" for a two-month period as a basis for rejecting Dr. Cornelius's findings. 17 1 1 Again, the ALJ takes this out of context as Dr. Cornelius further states that Plaintiff's right 2 elbow was still swollen and painful and recommended that Plaintiff continue physical therapy 3 for right wrist pain and weakness. Tr. 1483. The ALJ notes that Plaintiff played cards for 4 5 several hours, but fails to mention that Plaintiff was at the doctor due to increased pain from 6 playing cards. Tr. 1656. 7 The ALJ fails to specifically address the findings of Dr. Gay and OTR Gallagher. The 8 ALJ simply states: "For the same and similar reasons, the undersigned assigns little weight to 9 any remaining medical opinions because they are inconsistent with the testimony and opinions 10 11 of the impartial medical experts." Tr. 522. As stated above, this blanket assignment of little 12 weight to is legally erroneous. The ALJ should have assigned controlling weight to Dr. Gay as 13 his opinion is consistent with the other medical opinions in the file. Additionally, a blanket 14 assignment of little weight cannot constitute specific or legitimate reasons for rejecting a 15 treating physicians' opinion. While OTR Gallagher is not an acceptable medical source her 16 17 opinion is still competent lay testimony. See Darling v. Colvin, Nol. 3:13-cv-0187-HRH, at 18 *29-30 (D. Alaska Mar. 19, 2014) (citing Stout v. Comm'r of Soc. Sec., 454 F.3d 1050, 1054 19 (9th Cir. 2006). The ALJ erred in not addressing either opinion. 20 The ALJ was required to assign controlling weight to Plaintiff's treating physicians 21 22 and should have awarded disability benefits. Because no outstanding factual issues exist, a 23 remand for payment of benefits is appropriate. 24 2. The ALJ's credibility assessment is unsupported by substantial evidence 25 because the ALJ erred in considering the required factors. 26 This Court remanded Plaintiff's case for the ALJ to reassess Plaintiff's credibility. "If 27 the ALJ concludes that the claimant's symptom testimony is not credible, the ALJ must 'make 28 18 1 1 [] specific findings stating clear and convincing reasons for doing so. The ALJ must state 2 specifically which symptom testimony is not credible and what facts in the record lead to that 3 conclusion.'" See Smolen v. Chater, 80 F.3d 1273, 1284 (9th Cir. 1996). Further, The Ninth 4 5 Circuit has noted that: 6 "Moreover, a claimant does not need to be utterly incapacitated to be eligible for benefits. Many home activities are not easily transferable to what may be the 7 more grueling environment of the workplace, where it might be impossible to 8 periodically rest or take medication. Yet if a claimant is able to spend a substantial part of his day engaged in pursuits involving the performance of 9 physical functions that are transferable to a work setting, a specific finding as to this fact may be sufficient to discredit an allegation of disabling excess pain." 10 Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 1989). 11 While the activities of daily living may be considered, many activities of daily living may not 12 transfer to a "work environment where it might be impossible to rest periodically or take 13 14 medication." See Smolen, 80 F. 3d at 1284, n. 7; Vertigan v. Halter, 260 F.3d 1044, 1050 15 (9th Cir. 2001). Additionally, Plaintiff need not be bed-ridden or "completely incapacitated" 16 to qualify for benefits. Orn v. Astrue, 495 F. 3d 625, 639 (9th Cir. 2007). 17 The ALJ concluded that he could not find all of Plaintiff's symptoms to be credible. 18 19 Tr. 520. The ALJ first found that Plaintiff is not credible based upon Dr. Sklaroff's opinion. 20 This error was discussed in detail above. The ALJ again committed the same error as 21 previously requiring a remand. The ALJ cites single instances of activity as the basis for 22 finding Plaintiff capable of performing full-time employment. Tr. 520. The ALJ failed to state 23 which symptom testimony is not credible and the ALJ failed to provide reasons beyond short- 24 25 lived activities as a basis for finding Plaintiff not credible. This again constitutes legal error 26 requiring a remand. 27 3. The ALJ's Step Four determination is unsupported by substantial evidence 28 because the ALJ erred in relying on vocational testimony elicited in response 19 1 1 to an incomplete hypothetical question. 2 The ALJ relied upon the VE's testimony that Plaintiff could return to her past relevant 3 work. This is erroneous because the VE relied upon a hypothetical that is not supported by 4 5 substantial evidence. The ALJ's hypothetical and resultant residual functional capacity was 6 based upon the opinion of a non-examining physician. 7 "If the record does not support the assumptions in the hypothetical, the vocational 8 expert's opinion has no evidentiary value." Lewis v. Apfel, 236 F.3d 503, 517 (9th Cir. 2001). 9 See also DeLorme v. Sullivan, 924 F.2d 841, 850 (9th Cir. 1991). An ALJ's "hypothetical 10 11 questions posed to the vocational expert must set out all the limitations and restrictions of the 12 particular claimant …." Embrey v. Bowen, 849 F.2d 418, 422 (9th Cir. 1988). 13 Because the ALJ relied on vocational testimony elicited in response to an incomplete 14 hypothetical question, the finding at Step Four is unsupported by substantial evidence, and 15 this matter should be remanded for further proceedings, including a de novo hearing and 16 17 decision. 18 CONCLUSION 19 For the foregoing reasons, it is respectfully requested that Plaintiff's motion for 20 summary judgment be granted, that the Commissioner's decision be vacated, and that this 21 22 matter be remanded for further administrative proceedings, including a de novo hearing. 23 Respectfully submitted, 24 /s/ Edward Wicklund 25 Edward Wicklund, Esq. One Park Place, 300 South State Street 26 Syracuse, New York 13202 27 Phone: (315) 701-5780 28 Email: twicklund@windisability.com 20 1 1 2 CERTIFICATE OF SERVICE 3 This is to certify that I have this day served counsel for the Defendant with Plaintiff's 4 Memorandum of Law by electronically filing the foregoing with the Clerk of the Court by using 5 the CM/ECF system which will send electronic notification of such filing to: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 1

MOTION for Summary Judgment (Defendant's Brief) by Nancy A. Berryhill.

1 BRYAN SCHRODER 2 Acting United States Attorney RICHARD L. POMEROY 3 Assistant United States Attorney Federal Bldg & U.S. Courthouse 4 222 W 7th Ave, #9, Rm C-253 Anchorage, AK 99513-7676 5 Telephone: (907) 271-5071 Fax: (907) 271-2344 6 richard.pomeroy@usdoj.gov 7 DAVID J. BURDETT Special Assistant United States Attorney 8 Office of the General Counsel Social Security Administration 9 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 10 Telephone(206) 615-2522 Fax(206) 615-2531 11 david.burdett@ssa.gov 12 Of Attorneys for Defendant 13 IN THE UNITED STATES DISTRICT COURT FOR THE 14 DISTRICT OF ALASKA 15 ANGELA GAY WEAVER, Case No. 3:17-cv-00176 16 Plaintiff, 17 DEFENDANT'S BRIEF vs. 18 NANCY A. BERRYHILL, 19 Acting Commissioner of Social Security, 20 Defendant. ISSUES PRESENTED 21 The Commissioner disputes each issue Plaintiff raises in her brief and responds as follows: 22 I. Did the Administrative Law Judge (ALJ) appropriately evaluate Plaintiff's subjective 23 testimony regarding her symptoms? Page 1 DEFENDANT'S BRIEF- [3:17-cv-00176] 1 II. Did the ALJ reasonably evaluate the medical record? 2 III. Did the ALJ appropriately rely on vocational expert (VE) testimony in response to 3 the ALJ's hypothetical question? 4 STATEMENT OF THE CASE 5 The Commissioner stipulates to Plaintiff's recitation of the procedural history as set forth 6 on pages 2 and 3 of her brief. The Commissioner refers the Court to the ALJ's thorough recitation 7 of the facts, and will refer to them only as necessary in support of the arguments. 8 ARGUMENT 9 I. The ALJ appropriately evaluated the consistency of Plaintiff's claimed symptoms with the 10 record. 11 The ALJ reasonably found Plaintiff's testimony regarding her symptoms unreliable (Tr. 12 519). This was so because of records that were inconsistent with her claims of disabling pain; and 13 Plaintiff's activities of daily living. 14 In order to be disabled under the Social Security Act, a claimant must provide medical 15 evidence that supports her claim. 42 U.S.C. § 423(d)(5)(A) ("An individual shall not be 16 considered to be under a disability unless he furnishes such medical and other evidence of the 17 existence thereof as the Commissioner of Social Security may require"). While subjective 18 testimony cannot be rejected solely because it is not fully corroborated by objective medical 19 evidence, the medical evidence is still a relevant factor in determining the severity of the 20 claimant's pain and its disabling effects. See Rollins v. Massanari, 261 F.3d 853, 857 (9th Cir. 21 2001) (citing 20 C.F.R. § 404.1529(c)(2) (addressing objective evidence in the context of 22 credibility analysis)); see also 20 C.F.R. § 404.1529(b) (medical evidence must reasonably 23 support subjective claims). Page 2 DEFENDANT'S BRIEF- [3:17-cv-00176] 1 The ALJ appropriately relied on the medical evidence, which did not support Plaintiff's alleged 2 disabling symptoms and limitations. See Batson, 359 F.3d at 1196-97 (an ALJ properly relied on 3 objective findings and medical opinion to discredit the claimant's allegations); Stubbs-Danielson, 4 539 F.3d at 1175 (finding that the medical evidence supported the ALJ's credibility 5 determination). Moreover, the ALJ pointed out that Plaintiff's activities of daily living were 6 inconsistent with her allegations of disability during the period at issue (Tr. 794). These included 7 dancing, playing cards for several hours, and playing the conga drums (Tr. 520-21). See 20 C.F.R. 8 § 404.1529 (c)(4) (In determining the extent to which your symptoms, such as pain, affect your 9 capacity to perform basic work activities, any inconsistencies in the evidence as well as any 10 conflicts between a claimant's statements and the rest of the evidence will be considered); Bray v. 11 Astrue, 554 F.3d 1219, 1227 (9th Cir. 2009) ("In reaching a credibility determination, an ALJ may 12 weigh inconsistencies between the claimant's testimony and his or her conduct, daily activities, 13 and work record, among other factors"). Notably, even where a claimant's activities of daily 14 living suggest some difficulty functioning, "they may be grounds for discrediting the claimant's 15 testimony to the extent that they contradict claims of a totally debilitating impairment." Molina v. 16 Astrue, 674 F.3d 1104, 1112-13 (9th Cir. 2012), citing Valentine v. Comm'r Soc. Sec. Admin., 574 17 F.3d 685, 693 (9th Cir. 2009). 18 Plaintiff's argument simply disputes the ALJ's findings of fact and asks the Court to 19 reweigh the evidence. Under the substantial evidence standard, such arguments are insufficient to 20 overturn an ALJ's decision. "Under this standard, the Commissioner's findings are upheld if 21 supported by inferences reasonably drawn from the record. . . and if evidence exists to support 22 more than one rational interpretation, we must defer to the Commissioner's decision[.]" Batson v. 23 Page 3 DEFENDANT'S BRIEF- [3:17-cv-00176] 1 Comm'r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir. 2004) (citations omitted). The Court 2 should uphold the ALJ's findings and affirm the decision. 3 4 II. Plaintiff shows no harmful error in the weight the ALJ gave to the opinion evidence. 5 When determining a claimant's residual functional capacity, an ALJ must consider the 6 medical opinion evidence, weighing the opinions in light of the supportability of each opinion, the 7 consistency of the opinions with the record, and the treating or examining relationship each doctor 8 had with the claimant. 20 C.F.R. § 404.1527(c). So long as the ALJ provides specific, legitimate 9 reasons supported by substantial evidence, a reviewing Court will not disturb the ALJ's analysis. 10 Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005). 11 ALJs must cite specific and legitimate, but not necessarily clear and convincing, reasons in 12 order to reject the opinion of a treating physician if that opinion is contradicted by another 13 physician of record. Bayliss, supra, at 1216. Here, the disability opinions of Dr. Cornelius, on 14 whom Plaintiff would have had the ALJ rely, were contradicted by the medical expert at the 15 hearing, Robert Sclaroff, M.D. (Tr. 539-41). The ALJ specifically addressed the opinions of Dr. 16 Cornelius at length (Tr. 521-22). The ALJ acknowledged that Dr. Cornelius was a treating source, 17 but found that Dr. Cornelius failed to support his opinion with adequate analysis, noting 18 specifically that "his own clinical exam notes are devoid of objective findings that would support 19 the nature and degree of his opinions (Tr. 521)." This finding by the ALJ comports with the 20 Commissioner's regulations, which state, "The better an explanation a source provides for an 21 opinion, the more weight we will give that opinion." 20 C.F.R. § 404.1527(c)(3). Further, the 22 Ninth Circuit has held, "an ALJ need not accept the opinion of a doctor if that opinion is brief, 23 conclusory, and inadequately supported by clinical findings." Bayliss, 427 F.3d at 1216. Thus, the Page 4 DEFENDANT'S BRIEF- [3:17-cv-00176] 1 level of analysis a physician provides with his opinion can be, and often is, an important factor in 2 determining the opinion's weight. The ALJ also found Dr. Cornelius' opinion inconsistent with 3 abilities Plaintiff demonstrated through various activities she engaged in, as already cited (Tr. 4 521-22). Considering the lack of support for the opinion and its inconsistency with the record, the 5 ALJ reasonably gave Dr. Cornelius' opinion less weight than that of Dr. Sclaroff, the reviewing 6 medical expert who testified at the hearing. 7 Plaintiff assigns error to the ALJ for not specifically addressing the opinions of Dr. Gay 8 and of a lay witness, occupational therapist Karriana Gallagher. If the ALJ erred here, any such 9 errors were harmless. "Errors are harmless if they are inconsequential to the ultimate 10 nondisability determination." Molina v. Astrue, 674 F.3d 1104, 1121 (9th Cir. 2012). 11 Any error in not specifically addressing the opinion of Dr. Gay is harmless, because, as 12 Plaintiff argues, Dr. Gay's opinion is cumulative to that of Dr. Cornelius. Therefore, a proper 13 rejection of one indicates that the other could be rejected for the same reasons. Further, the failure 14 to reject a lay witness is harmless error where, as here, the lay witness testimony is cumulative to 15 that of the Plaintiff and the Plaintiff's testimony on subjective symptoms is properly rejected. Id. 16 III. The ALJ properly relied upon VE testimony in response to his hypothetical question. 17 The ALJ properly relied upon VE testimony in response to his hypothetical question. The 18 ALJ properly considered all of the medical evidence of record and properly assessed the 19 credibility of Plaintiff in formulating the limitations in Plaintiff's residual functional capacity 20 (RFC). The ALJ properly set forth those limitations in the hypothetical question to the VE. The 21 VE considered the limitations in identifying jobs that Plaintiff could perform, including the 22 occupations of preschool tutor, childcare worker, administrative clerk and receptionist (Tr. 522, 23 561-63). Therefore, the ALJ's reliance on the VE's responsive testimony was proper. See Bayliss Page 5 DEFENDANT'S BRIEF- [3:17-cv-00176] 1 v. Barnhart, 427 F.3d 1211, 1217 (9th Cir. 2005)(because the hypothetical question that the ALJ 2 posed to the vocational expert contained all the limitations that the ALJ found credible and 3 supported by substantial evidence in the record, the ALJ's reliance on testimony that the 4 vocational expert gave in response "therefore was proper"). The ALJ included the limitations she 5 found to exist, and these findings were supported by substantial evidence, thus the ALJ did not err 6 by omitting other limitations that Plaintiff failed to prove. Rollins v. Massanari, 261 F.3d 853, 7 857 (9th Cir. 2001) (ALJ did not err in omitting limitations in hypothetical to the vocational 8 expert that claimant claimed, but failed to prove). Osenbrock v. Apfel, 240 F.3d 1157 (9th Cir. 9 2001). 10 Plaintiff's real quarrel is with the fact that the ALJ did not accept additional limitations. 11 However, the ALJ is free to accept or reject restrictions in a hypothetical question, as long as the 12 ALJ's residual functional capacity finding is supported by substantial evidence. See Osenbrock, 13 240 F.3d at 1163-1165; Magallanes v. Bowen, 881 F.2d 747, 756-757 (9th Cir. 1989). Here, the 14 ALJ's reasoning was supported by substantial evidence. It follows that the ALJ's reliance on the 15 VE testimony was proper. 16 CONCLUSION 17 Substantial evidence supports the ALJ's conclusion that Plaintiff was not disabled. 18 Therefore, the Commissioner respectfully asks that the Court uphold her final decision. 19 DATED this 1st day of February 2018. 20 21 // 22 // 23 // Page 6 DEFENDANT'S BRIEF- [3:17-cv-00176] 1 Respectfully submitted, 2 Bryan Schroder 3 Acting United States Attorney 4 RICHARD L. POMEROY Assistant United States Attorney 5 MATHEW W. PILE 6 Acting Regional Chief Counsel, Seattle, Region X 7 s/David J. Burdett DAVID J. BURDETT 8 Special Assistant United States Attorney Office of the General Counsel 9 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 10 Seattle, WA 98104-7075 Telephone (206) 615-2522 11 Fax(206) 615-2531 david.burdett@ssa.gov 12 13 14 CERTIFICATE OF SERVICE 15 I hereby certify that the foregoing Defendant's Brief was filed with the Clerk of the Court 16 on February 1, 2018, using the CM/ECF system, which will send notification of such filing to the 17 following: Edward Wicklund. 18 s/David J. Burdett 19 DAVID J. BURDETT Special Assistant U.S. Attorney 20 Office of the General Counsel 21 22 23 Page 7 DEFENDANT'S BRIEF- [3:17-cv-00176]

Appellant's REPLY BRIEF by Angela Gay Weaver.

1 Edward A. Wicklund, Esq. Admitted Pro Hac Vice 2 Attorney for Plaintiff 3 Olinsky Law Group 300 South State Street, Suite 420 4 Syracuse, New York 13202 5 Telephone: (315) 701-5780 Fax: (315) 701-5781 6 twicklund@windisability.com 7 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF ALASKA 9 ANGELA GAY WEAVER, 10 11 Plaintiff, Case No. 3:17-CV-00176-RRB 12 vs. 13 14 PLAINTIFF'S REPLY BRIEF Nancy A. Berryhill, (SOCIAL SECURITY) 15 Acting Commissioner of Social Security, 16 Defendant 17 18 PLAINTIFF'S REPLY MEMORANDUM OF LAW IN SUPPORT OF A SOCIAL SECURITY APPEAL 19 20 I. ARGUMENT 21 Plaintiff reasserts and relies on the arguments set forth in her opening Brief at Dkt. No. 22 23 16 and replies to the following particular points raised by the Commissioner in her Responsive 24 Brief at Dkt. No. 17. 25 /// 26 /// 27 28 Reply Brief (Social Security) Angela Gay Weaver v. Berryhill Case No. 3:17-CV-00176-RRB 1 1 1. The ALJ's residual functional capacity finding was the product of legal error 2 and was unsupported by substantial evidence in several respects. 3 The Commissioner first notes that Plaintiff's activities of daily living were inconsistent 4 with her allegations of disability during the period at issue. Dkt. No. 17 at 3. This mirrors the 5 ALJ's decision, which, as described in Plaintiff's opening brief, cited a single instance of activity 6 as the basis for finding Plaintiff capable of full-time employment. Dkt. No. 16 at 19. 7 8 Specifically, both the ALJ and the Commissioner address Plaintiff's use of playing cards in 9 October 2015, however, neither of them mention her reports of increased pain in the right wrist 10 and elbow after a few hours of play. T 1656. Clearly, this sheds no light on Plaintiff's ability to 11 sustain this manipulation for an eight-hour day, five days per week, as she was still in severe 12 pain on Wednesday, after playing cards for only a few hours on Sunday. See Smolen v. Chater, 13 14 80 F.3d 1273, 1284 (9th Cir. 1996); Vertigan v. Halter, 260 F.3d 1044, 1050 (9th Cir. 2001); 15 Orn v. Astrue, 495 F. 3d 625, 639 (9th Cir. 2007). 16 Next, the Commissioner states that Plaintiff's argument "simply disputes the ALJ's 17 findings of fact and asks the Court to reweigh the evidence." Dkt. No. 17 at 3. However, this is 18 19 untrue. In order to discount Dr. Cornelius' opinion, the ALJ uses one single treatment notes 20 where Plaintiff reported being pleased, and again uses the card playing example, as noted above. 21 T 521. However, even the ALJ's cherry-picked evidence is unrevealing. The ALJ cited a 22 treatment note which stated Plaintiff was doing better, however, this note was immediately 23 following a surgery, where Plaintiff was on pain medications. T 1491. Interestingly enough, in 24 25 the same exact treatment note, Plaintiff reported several days of increased pain following any 26 increase in her activity level. T 1491. Further, the ALJ's attempts to cite good strength and 27 28 Reply Brief (Social Security) Angela Gay Weaver v. Berryhill Case No. 3:17-CV-00176-RRB 2 1 ranges of motion must also fail. This was a mischaracterization, as during this same time period 2 Plaintiff's right elbow was swollen, and painful, and Dr. Cornelius recommended physical 3 therapy for weakness in her wrist and arm. T 1483. Dr. Cornelius' opinion was also consistent 4 5 with the findings of Dr. Gay, Dr. Caldwell, Dr. Song, and OTR Gallagher. T 63-64, 1572-79, 6 1967, 1981, 1996-97. The ALJ's attempts to cherry-pick evidence must fail, as Dr. Cornelius' 7 opinion is consistent with opinions other treating physicians, occupational therapists, and two 8 non-examining physicians. In determining RFC, more weight must be given to the opinion of 9 treating physicians, and if there is a conflict '"the ALJ must give specific, legitimate reasons for 10 11 disregarding the opinion of the treating physician."' Lamb v. Colvin, 3:13-cv-00047, 2014 U.S. 12 Dist. LEXIS 10843, at *33 (D. Alaska Jan. 29, 2014) (Gleason, J.) (quoting Batson v. Comm'r of 13 Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir. 2004)). Here, the ALJ's analysis of Dr. 14 Cornelius may have been specific, as it lists one note, but it was illegitimate, unclear, and 15 unconvincing for the reasons stated above. 16 17 Finally, Plaintiff did not state that Dr. Gay's opinion was cumulative to that of Dr. 18 Cornelius, but that it was consistent. To the extent that the Commissioner argues that the ALJ 19 could have rejected Dr. Gay's opinion based on the blanket assertion that "any remaining 20 medical opinions" were inconsistent with the impartial medical experts, this argument must fail. 21 22 The ALJ's blanket assertion is not specific enough to discount a treating physician's opinion, 23 without explanation, as it gives no analysis whatsoever. Lamb, 3:13-cv-00047, 2014 U.S. Dist. 24 LEXIS 10843, at *33. Further, the ALJ did not articulate his reasoning regarding Dr. Gay, and 25 affirming based on this broad statement invites the Court to engage in guesswork and entertain 26 the Commissioner's post hoc rationalizations. See Bray v. Comm'r of Soc. Sec. Admin., 554 F.3d 27 28 Reply Brief (Social Security) Angela Gay Weaver v. Berryhill Case No. 3:17-CV-00176-RRB 3 1 1219, 1225–26 (9th Cir. 2009) (reviewing Courts must reject Commissioner's post hoc 2 rationalizations). Ultimately, even if the ALJ's blanket rejection was not erroneous, the 3 reasoning behind it was. It is well established that the opinion of a non-examining physician 4 5 cannot, by itself, constitute substantial evidence that justifies the rejection of an opinion of a 6 treating physician. Pitzer v. Sullivan, 908 F.2d 502, 506 n. 4 (9th Cir. 1990); Gallant v. Heckler, 7 753 F.2d 1450, 1456 (9th Cir. 1984); Ritchotte v. Astrue, 281 F. App'x 757, 759 (9th Cir. 2008) 8 (Remanding where "the ALJ erroneously declined to give controlling weight to the treating 9 physician's assessment, he instead based his RFC determination upon the reports of non- 10 11 examining state agency physicians.") 12 II. CONCLUSION 13 For the foregoing reasons, it is respectfully requested that this Court remand this matter 14 for payment of benefits, or, in the alternative, for further administrative proceedings, including 15 de novo hearing and decision. 16 17 Date: February 15, 2018 Respectfully submitted, 18 /s/Edward A. Wicklund Edward A. Wicklund, Esq. 19 Admitted Pro Hac Vice Attorney for Plaintiff 20 Olinsky Law Group 21 300 South State Street, Suite 420 Syracuse, New York 13202 22 Telephone: (315) 701-5780 23 Fax: (315) 701-5781 holinsky@windisability.com 24 25 26 27 28 Reply Brief (Social Security) Angela Gay Weaver v. Berryhill Case No. 3:17-CV-00176-RRB 4 1 CERTIFICATE OF SERVICE 2 3 This is to certify that I have this day served counsel for the Defendant with Plaintiff's Reply Memorandum of Law by filing the foregoing on the Court's ECF system, which sent electronic 4 notice to the following recipients: 5 6 David J. Burdett Special Assistant United States Attorney 7 Office of the General Counsel 8 Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A 9 Seattle, WA 98104-7075 Telephone (206) 615-2522 10 Fax (206) 615-2531 11 David.burdett@ssa.gov 12 This 15th day of February, 2018. 13 14 /s/Edward A. Wicklund 15 Edward A. Wicklund, Esq. 16 17 18 19 20 21 22 23 24 25 26 27 28 Reply Brief (Social Security) Angela Gay Weaver v. Berryhill Case No. 3:17-CV-00176-RRB 5

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Description
1
08/17/2017
COMPLAINT against Nancy A. Berryhill, filed by Angela Gay Weaver.
1
Exhibit A
1 Attachment
2
08/17/2017
Civil Cover Sheet
3
08/17/2017
MOTION for Leave to Proceed in forma pauperis by Angela Gay Weaver.
4
08/17/2017
Unissued summons re Defendant Nancy A. Berryhill
1
Unissued Summons re Defendant USAG
2
Unissued Summons re Defendant USAO
2 Attachments
5
08/18/2017
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Edward A. Wicklund. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2377481.) by Angela Gay Weaver.
1
Certificate of Good Standing
1 Attachment
6
08/30/2017
ORDER DIRECTING SERVICE AND RESPONSE: The Application to Waive the Filing Fee, at docket 3, is granted. Service of Process to be completed within 90 days of the date of Complaint. Signed by Judge Ralph R. Beistline on 8/29/17.
08/30/2017
Summons Issued as to Nancy A. Berryhill, U.S. Attorney, and U.S. Attorney General (Text entry; no document attached.)
7
08/31/2017
RRB TEXT ORDER: The Motion for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney filed by Attorney Edward A. Wicklund at Docket 5 is hereby GRANTED. (LLR, CHAMBERS STAFF)
8
09/05/2017
NOTICE of Appearance by Richard L. Pomeroy on behalf of Nancy A. Berryhill
10
09/28/2017
SOCIAL SECURITY SCHEDULING ORDER. See Order for deadlines. Signed by Judge Ralph R. Beistline on 9/28/17.
11
10/31/2017
NOTICE of Appearance by David J. Burdett on behalf of Nancy A. Berryhill
12
10/31/2017
ANSWER to 1 Complaint by Nancy A. Berryhill.
13
10/31/2017
Notice of Lodging Administrative Record
1
Certification Page 09-30-2017
2
Court Transcript Index 09-30-2017
3
Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 08-21-2015
4
Payment Documents and Decisions 08-21-2015
5
Jurisdictional Documents and Notices 08-21-2015
6
Non Disability Related Development 08-21-2015
7
Disability Related Development 08-21-2015
8
Medical Records 08-21-2015 Part 1
9
Medical Records 08-21-2015 Part 2
10
Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 09-30-2017
11
Payment Documents and Decisions 09-30-2017
12
Jurisdictional Documents and Notices 09-30-2017
13
Non Disability Related Development 09-30-2017
14
Disability Related Development 09-30-2017
15
Medical Records 09-30-2017 Part 1
16
Medical Records 09-30-2017 Part 2
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Medical Records 09-30-2017 Part 3
18
Medical Records 09-30-2017 Part 4
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Medical Records 09-30-2017 Part 5
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Medical Records 09-30-2017 Part 6
21
Medical Records 09-30-2017 Part 7
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Medical Records 09-30-2017 Part 8
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Medical Records 09-30-2017 Part 9
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Medical Records 09-30-2017 Part 10
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Medical Records 09-30-2017 Part 11
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Medical Records 09-30-2017 Part 12
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Medical Records 09-30-2017 Part 13
28
Medical Records 09-30-2017 Part 14
28 Attachments
14
11/27/2017
Consent MOTION for Extension of Time to File Plaintiff's Brief by Angela Gay Weaver.
1
Proposed Order
1 Attachment
15
11/30/2017
RRB TEXT ORDER granting 14 Motion for Extension of Time to File. Plaintiff's opening brief in this matter is due on or before 12/30/2017. (LLR, CHAMBERS STAFF)
16
01/02/2018
MOTION Reversal and Remand in a Social Security Appeal by Angela Gay Weaver.
17
02/01/2018
MOTION for Summary Judgment (Defendant's Brief) by Nancy A. Berryhill.
18
02/15/2018
Appellant's REPLY BRIEF by Angela Gay Weaver.
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