Monteith

Monteith v. Commissioner of Social Security

Good Law
United States District Court, Northern District of CaliforniaJune 15, 20214:18-cv-04481California1,260 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 Plaintiff applied for Social Security Disability Insurance (“SSDI”) benefits on October 9, 24 2014. Her application was initially denied on March 12, 2015 and again on reconsideration on June 25 17, 2015. Following a hearing, an ALJ issued a decision finding Plaintiff not disabled. After the 26 Appeals Council denied Plaintiff’s request for review, she appealed to this court. The court granted 27 Plaintiff’s motion for summary judgment and remanded the case for further proceedings. [Docket No. 26.] On December 9, 2020, an ALJ issued a fully favorable decision. Mot. at 10-11, Declaration of Lawrence Rohlfing (“Rohlfing Decl.”), Ex. 2. Plaintiff was awarded $54,286 in past-due disability benefits. Response, Ex. A. The retainer agreement between Plaintiff and Rohlfing permits Rohlfing to request an attorneys’ fees award of up to 25% of any past-due benefits awarded. Rohlfing Decl., Ex. 1. Rohlfing is requesting an award of attorneys’ fees in the amount of $8,173. Mot. at 3. Of this amount, Plaintiff will be refunded $3,000 for the Equal Access to Justice Act (“EAJA”) fees this court approved on April 29, 2020. See…

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