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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

E.B.E.,

Case No. 21-cv-02104-JCS Plaintiff, 8 v. ORDER DENYING MOTION FOR ATTORNEY’S FEES UNDER SECTION MARTIN O'MALLEY, 406(B) WITHOUT PREJUDICE 10 Defendant. Re: Dkt. No. 31

12 Stuart T. Barasch (“counsel”), who represented E.B.E. in this matter under a contingency fee agreement, brings a Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) (“Motion”), seeking an award of $40,894.25 in attorney fees for work before this Court. The Motion is DENIED without prejudice.1 First, where counsel files a motion for fees in an action for social security benefits, counsel must establish that the claimant actually received a copy of the motion. 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…