(SS) Herrera v. Commissioner of Social Security

I. BACKGROUND

26 On December 24, 2019, Plaintiff brought the underlying action seeking judicial review of 27 a final administrative decision denying Plaintiff’s claim for social security benefits for lack of 28 disability under the Social Security Act. (ECF No. 1). On March 9, 2021, the Court granted judgment in favor of Plaintiff and remanded for further proceedings. (ECF No. 22). Following the remand, the presiding administrative law judge issued a favorable decision awarding Plaintiff benefits. (ECF No. 26, p. 3). In a notice of award letter dated November 8, 2022, the Commissioner informed Plaintiff that $20,522.50 was being withheld to use to compensate counsel. (ECF No. 26-1, p. 3). This amount represents 25% of Plaintiff’s total past- due benefits, i.e., $82,090.00. (Id.) In letters dated July 4, 2023, the Commissioner notified Plaintiff of two separate monthly child’s benefit awards. (Id., pp. 8-15). The Commissioner informed Plaintiff that $2,782.00 was being withheld from each child’s benefit award to use to compensate counsel. (Id., pp. 10, 14). This amount represents 25% of each child’s total past-due benefits, i.e.,…