Arthur House, and John S. Hogg v. Secretary of Health and Human Services
Court of Appeals for the Second Circuit
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge.
This appeal raises the issue of whether the Secretary of Health and Human Services may use Rule 60(b)(6) of the Federal Rules of Civil Procedure as a vehicle to set aside and reduce an award of attorney’s fees made in a social security case pursuant to 42 U.S.C. § 406(b). The United States District Court for the Northern District of New York, Howard G. Munson, Chief Judge, held that Rule 60(b)(6) provided an appropriate procedure and reduced the fee awarded to the claimant’s attorney from $9,576.07 to $5,362.50. Because we find that the Secretary made no showing…
2Cases cited10 opinions
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