Silva

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

XAVIER J SILVA,

Case No. 21-cv-09725-JCS Plaintiff, 8 v. ORDER DENYING FEE MOTION WITHOUT PREJUDICE

KILOLO KIJAKAZI,

10 Defendant.

12 Plaintiff’s counsel brings a Motion for an Award of Attorney Fees under 42 U.S.C. § 406(b) (“Motion”). In the Motion, he asks the Court to award $22,225.00 in attorneys’ fees for representation of Plaintiff on a contingency-fee basis in this action. This is 25% of the past-due benefits awarded to Plaintiff on remand after the Court reversed the decision of the Commissioner of Social Security denying his application for disability benefits. The Court DENIES the Motion without prejudice because it is procedurally defective. First, where counsel files a motion for fees in an action for social security benefits, counsel must provide a statement showing that a copy of the motion has been sent to the plaintiff to the claimant. 20 C.F.R. § 404.1725(a)(7); Holder v. Astrue, No.…