Stenson

Stenson v. Saul

Good Law
United States District Court, Northern District of CaliforniaMay 9, 20223:19-cv-07543-JSCCalifornia1,038 words

Opinion

Trial Court Opinion

BACKGROUND

21 This case stems from Plaintiff’s appeal of the Social Security Administration's (“SSA's”) 22 denial of social security benefits for physical and mental impairments including cervical 23 radiculopathy with chronic neck and shoulder pain, lumbar facet arthropathy with chronic lumbar 24 pain and radiculopathy, depression, anxiety, and complications arising from an electrocution. On 25 January 29, 2021, the Court granted Plaintiff’s motion for summary judgment, denied Defendant’s 26 motion for summary judgment, and remanded for further proceedings. (Dkt. No. 22.) On April 28, 27 2021, the Court awarded Plaintiff’s counsel $12,037.42 in fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (Dkt. No. 27.) Following remand, SSA found Plaintiff disabled. (Dkt. No. 28-2.) On March 22, 2022, Plaintiff was notified that he had been awarded disability benefits as of August 2016 and that he would receive $120,932.00 in past due benefits. (Dkt. No. 36-2; Dkt. No. 21-1 at ¶ 6.) Social Security withheld $30,233.03 from Plaintiff’s past due award for attorney’s fees as 25 percent of Plaintiff’s past-due benefits. (Dkt. No.…

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