Higgins

BACKGROUND

20 This case stems from Plaintiff’s appeal of the Social Security Administration’s (“SSA”) 21 denial of his application for disability benefits for physical impairments including osteoporosis, 22 seizure disorder, alcohol abuse, and hyperparathyroidism. Plaintiff filed his motion for summary 23 judgment on June 13, 2022. (Dkt. No. 18.) The government did not file an opposition brief, and 24 instead, stipulated to a voluntary remand under § 405(g), sentence four. (Dkt. No. 23.) On 25 October 31, 2022, the Court granted Plaintiff’s application for $6,500.00 in fees under the Equal 26 27 Access to Justice Act (“EAJA”), 28 U.S.C. §2412(d). (Dkt. No. 26.) Following remand, the SSA found plaintiff disabled. (Dkt. No. 27-5.) Plaintiff was awarded disability benefits as of January 1, 2019, which resulted in total back due benefits of $72,234.00. (Id.) The SSA withheld 25 percent of the total retroactive benefits, $18,058.50, for payment of attorney’s fees. (Dkt. No. 27-6.) Pursuant to Plaintiff and his counsel’s contingency fee agreement of this case, counsel may seek fees up to 25 percent of any past-due benefits awarded to…