Follstad
Follstad v. Berryhill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA THOMAS F., Case No.: 3:19-cv-0989-AGS Plaintiff, ORDER ON SUMMARY-JUDGMENT
MOTIONS (ECF 20 & 22)
v. Andrew M. SAUL, Commissioner of Social Security,
Defendant. 9 The key question in this Social Security appeal is whether the agency’s errors were harmless. BACKGROUND While deployed to Iraq with the U.S. Air Force, claimant Thomas F. hurt his lower back lifting sandbags, leading to radicular pain in his left leg. (AR 480, 483.) Several years later, he aggravated the injury in a crane accident. (AR 35, 480, 483.) Thomas then had three back surgeries, culminating in a two-level spinal fusion. (AR 21-22, 35, 263-67, 412- 18.) In 2010, less than a year after the final spinal surgery, the Air Force medically discharged him with a 52% combined disability rating. (AR 478.) Six years later, Thomas underwent arthroscopic surgery on his right knee. (AR 22.) Thomas applied for Social Security benefits,…