(SS) Hay v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZAK FRANKLIN HAY, No. 2:18-cv-01706-EFB (SS) 12 Plaintiff, 13 v. ORDER 14 KILOLO KIJAKAZI, Commissioner of Social Security, 15 Defendant. 16 17 Pursuant to 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an 18 award of attorney fees in the amount of $83,496.37. ECF No. 33. Plaintiff previously entered 19 into a retainer agreement with his attorney providing that he would pay counsel 25 percent of any 20 past-due benefits won as a result of the appeal in this case. ECF No. 33-4. Here, the amount 21 requested is more than 25 percent of the past due benefits plaintiff was documented as receiving, 22 and also more than the amount remaining in plaintiff’s Social Security Administration (SSA) 23 withholding account. For the reasons set forth below, the motion of fees is granted in part and 24 denied in part. 25 ///// 26 ///// 27 ///// 28 ///// 1 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: 2 Whenever a court renders a…