McNamara

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JENNY MCNAMARA,

Case No. 20-cv-07196-JCS Plaintiff, 8 v. ORDER DENYING FEE MOTION WITHOUT PREJUDICE

KILOLO KIJAKAZI,

Re: Dkt. No. 41 Defendant.

12 Plaintiff’s counsel brings a Motion for an Award of Attorney Fees under 42 U.S.C. § 406(b) (“Motion”). 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. CIV.05-3521-PHX (RCB), 2009 WL 1363538, at *3 (D. Ariz. May 7, 2009) (“There is no question but that, when making section 406(b) applications, as here, attorneys are required to give notice to their clients as to the existence of such application.” (internal quotation marks omitted)). Courts…