M.F.

INTRODUCTION

15 In this social security action, a prior order denied an award of attorney’s fees to be taken 16 out of an award to the claimant under 42 U.S.C. § 406(b). The attorney now moves to vacate 17 that order under Rule 59(e). The claimant, now proceeding pro se, opposes the motion. For 18 the reasons stated herein, the attorney’s motion is DENIED.

STATEMENT

20 A previous order provides a detailed recapitulation of this action’s factual history (Dkt. 21 No. 72). In short, movant Attorney Steven Bruce (practicing under the name People with 22 Disabilities Foundation) entered into two fee agreements with his now former client, M.F.. 23 First, M.F. signed a retainer agreement in 2020 in which she agreed to assign any court- 24 awarded fees under the Equal Access to Justice Act (EAJA) to Attorney Bruce. Second, M.F. 25 signed an agreement in 2022 in which M.F. agreed to Attorney Bruce representing her through 26 the Appeals Council and for attorney’s fees pursuant to 42 U.S.C. § 406(a)(2)(A). However, 27 the second agreement failed to advise that any such fees would be paid by the claimant herself (from any award). In the district court, the…