(DOWNLOAD) "Lavender v. Califano" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Lavender v. Califano
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Counsel for appellant Jessie Lavender has filed a motion in this court for attorney fees in the amount of Seven Thousand Four Hundred Twenty-Six and 44/100 Dollars ($7,426.44) for a successful representation of Mr. Lavender resulting in an order of this court remanding this case to the Secretary for an award of disability benefits. Mr. Lavender's earlier motion filed with the district court for similar relief was denied upon a determination by the district judge that under our decision in Webb v. Richardson, 472 F.2d 529 (6th Cir. 1972), he was without jurisdiction because the court of appeals was the tribunal which ultimately upheld the claim of benefits and under Webb, as the district judge construed it, only that court can award attorney fees in such cases. Section 206(b) (1) of the Social Security Act, as amended, 42 U.S.C. § 406(b) (1) (1976), makes provisions for the award of attorney fees by a court to the counsel for a prevailing claimant, but not in excess of twenty-five percent (25%) of the total of past-due benefits. In this case, the claimant did not prevail until he appealed to this court, but at the time of that appeal the actual amount of benefits to which claimant might have been entitled did not appear in the record. Thus, at that time it was not possible to determine whether an amount requested for attorney fees was within the twenty-five percent (25%) limitation. Instead, counsel petitioned the district court following the Secretary's determination of the amount of past-due benefits on remand. The district court denied the fee petition. Upon consideration of counsel's motion to this court, we hold that the case should be remanded to the district court for proceedings on the attorney fee petition.
 "Lavender v. Califano" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free){kind=link}