USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : SHANNEN SYDNOR, : : Plaintiff, : : -v- : 23 Civ. 3603 (JPC) : KILOLO KIJAKAZI, Acting Commissioner of the Social : ORDER Security Administration, : : Defendant. : : ---------------------------------------------------------------------- X

JOHN P. CRONAN, United States District Judge:

The Court is in receipt of Plaintiff’s motion for fees under

(b), Dkts. 18- 19, and the Government’s response, Dkt. 24. As Plaintiff’s motion identifies, see Dkt. 19 at 3, consideration of a fees award under § 406(b) is premature at present given that it is unknown whether any portion of the 25% of withheld payments will remain after the Social Security Administration determines the award for fees under § 406(a). See Culbertson v. Berryhill¸

(2019). The Second Circuit has held that “district courts are empowered to enlarge th[e] filing period [for a § 406(b) application] where circumstances warrant” and that a district court has “discretion to alter a specified filing time” for such an application. Sinkler v. Berryhill,

(2d Cir. 2019). Given the circumstances here, the Court extends the deadline for Plaintiff to file an application for fees under § 406(b), as any fee award may depend on the amount (if any) of funds remaining following the determination of fees under § 406(a). Within seven days of the Social Security Administration’s decision regarding the § 406(a) award, the parties shall file a joint letter advising the Court of that decision and of the amount, if any, of withheld funds remaining for a § 406(b) award. Plaintiff must file any motion for fees pursuant to § 406(b) within fourteen days of the Social Security Administration’s determination concerning the § 406(a) award. The Court denies Plaintiff's present motion for fees as moot and without prejudice to filing a new motion for fees by the deadline set forth above. The Clerk of Court is respectfully directed to close Docket Number 18. SO ORDERED. Dated: March 28, 2025 —Vha é 7B New York, New York JOHN P. CRONAN United States District Judge