(SS) Sinboulay v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 VIRADETH SINBOULAY, ) Case No.: 1:19-cv-0867 JLT ) 12 Plaintiff, ) ORDER GRANTING COUNSEL’S MOTION ) FOR ATTORNEY FEES PURSUANT TO 13 v. ) 42 U.S.C. § 406(b) ) 14 ANDREW M. SAUL, ) (Doc. 21) Commissioner of Social Security, ) 15 ) Defendant. ) 16

17 Jonathan Pena, counsel for Plaintiff Viradeth Sinboulay, seeks an award of attorney fees 18 pursuant to 42 U.S.C. § 406(b). (Doc. 21) Neither Plaintiff nor the Commissioner of Social Security 19 have opposed the motion. For the following reasons, the motion for attorney fees is GRANTED. 20 I. Relevant Background 21 Plaintiff entered into a contingent fee agreement with with Jonathan Pena on June 4, 2019. 22 (Doc. 21-3) The agreement entitled counsel to an award of “25% of Past Due Benefits/Retroactive 23 benefits.” (Id. at 1) Plaintiff indicated that he agreed his “attorney has the right under this contract to 24 ask the court to award as much as 25% of [his] past-due…