Shultz

Shultz v. Commissioner of Social Security

Good Law
United States District Court, Southern District of CaliforniaAugust 14, 20203:17-cv-01823California1,144 words

Opinion

Trial Court Opinion

BACKGROUND

21 In November 2014, Plaintiff applied to the Social Security Administration (“SSA”) 22 for social security benefits. After an administrative law judge (“ALJ”) denied benefits, 23 Plaintiff appealed the denial to this Court. [Doc. No. 1.] On September 28, 2018, 24 Magistrate Judge Dembin issued a Report and Recommendation (“Report”), 25 recommending that the case be remanded for further administrative action. [Doc. No. 26 20.] On May 18, 2016, this Court issued an order adopting the Report, denying 27 Defendant’s motion for summary judgment, granting in part Plaintiff’s motion for 28 summary judgment, and remanding for further proceedings. [Doc. No. 21.] On remand, Plaintiff prevailed, and the Commissioner awarded Plaintiff slightly more than $89,174.00 in total past due benefits. [Doc. No. 24 at 2.] On January 22, 2019, pursuant to a joint motion, this Court awarded Plaintiff $5,850.00 in attorneys’ fees under the Equal Access to Justice Act (“EAJA”). [Doc. No. 23.] Plaintiff filed this motion on July 13, 2020, seeking an attorneys’ fees award of $22,293.50 under section 406(b), which represents 25% of the past-due benefits awarded…

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