(SS) Elba Huante v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

4 ELBA HUANTE, CASE NO. 1:18-cv-1679-GSA 5 Plaintiff, ORDER GRANTING MOTION FOR ATTORNEY v. FEES PURSUANT TO 42 U.S.C. 406(b) 7 (Doc. 22) KILOLO KIJAKAZI, acting Commissioner of Social Security, 9 Defendant.

Jonathan O. Peña, counsel for Plaintiff Elba Huante, seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). Plaintiff Elba Huante and Defendant were served a copy of the motion (Doc. 22) with instruction to respond, if at all, by July 12, 2021. Neither filed an opposition to the motion. For the reasons that follow the motion will be granted. I. Background Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees in “an amount equal to twenty-five (25%) of the past due benefits that are awarded to my family and me in the event my case is won.” Doc. 22-2 at 1. The agreement also provide that counsel would seek fees pursuant to the Equal Access to Justice Act (EAJA), fees which would be refunded in the event of an award of past due…