(SS) Swinhart v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY RAYMOND SWINHART, No. 2:20-cv-01955 KJM CKD Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant.

17 Based on 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an award of attorney fees in the amount of $5,004.50, characterized as “[t]he remaining fees . . . left of the 25% of past due benefits that the SSA withheld for the payment of attorney fees.” (ECF No. 21 at 2, citing ECF 21-1.) Counsel concedes that this amount should be offset in the amount of $1,531.80 for fees previously awarded under EAJA. (See ECF No. 20.) Defendant has filed a response and does not object to the amount requested. (ECF No. 23.) 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of …