Sepulveda v. Secretary of the Department of Health & Human Services of the United States

MEMORANDUM AND ORDER

GLASSER, District Judge:

Following a remand by this Court, the plaintiff in this case was determined to be disabled, and therefore eligible to receive both Title II and Supplementary Income (“SSI”) benefits. As a result of this determination, plaintiff is also entitled to retroactive benefits dating from the onset of his disability in 1981. In accordance with 42 U.S.C. § 406(b)(1) (1982), 1 plaintiff’s attorney moves for an order directing the Secretary of Health and Human Services (the “Secretary”) to withhold 25% of plaintiff’s retroactive Title II benefits in order that…