(SS)Vindiola

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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4 Jesse Vindiola, CASE NO. 1:22-cv-1451-GSA 5 Plaintiff, 6 ORDER GRANTING MOTION FOR ATTORNEY v. FEES PURSUANT TO 42 U.S.C. 406(b) 7 (Doc. 20) 8 Commissioner of Social Security, 9 Defendant. 10

11 Plaintiff’s counsel Francesco Benavides seeks an award of attorney fees pursuant to 42 U.S.C. § 12 406(b). 13 I. Background 14 Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees of 15 up to 25% of the past due benefits awarded. The agreement also provides that counsel would seek fees 16 pursuant to the Equal Access to Justice Act (EAJA), fees which would be refunded in the event of an 17 award of past due benefits and payment of the 25% contingency fee. 18 Plaintiff filed a complaint in this Court on November 10, 2022, appealing the Commissioner’s 19 decision denying his application for benefits. After Defendant filed the Administrative Record the parties 20 stipulated to remand the matter to the agency for further proceedings. Doc. 15. Counsel was awarded 21 EAJA fees in an amount of…