Ryan v. Barnhart
District Court, W.D. New York
1Opinion of the Court
DECISION AND ORDER
LARIMER, District Judge.
On April 18, 2006, the Commissioner moved pursuant to Fed.R.Civ.P. 60(b) for the Court to reconsider its prior Order dated April 7, 2006 awarding attorneys fees in the amount of $8,919.72 to Andrew M. Rothstein, Esq. in accordance with 42 U.S.C. § 406(b). That motion (Dkt.# 19) is denied.
The Commissioner argues that plaintiff did not obtain “a judgment favorable to him,” as required under 42 U.S.C. § 406(b), as a result of any proceedings in federal court. The Commissioner contends instead that the award of disability insurance benefits to plaintiff…
2Cases cited5 opinions
- Dixon v. ShalalaCourt of Appeals for the Second Circuit · 1995
- McPeak v. BarnhartDistrict Court, S.D. West Virginia · 2005
- William Alvin Conner v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1967
- McGraw v. BarnhartDistrict Court, N.D. Oklahoma · 2005
- Bergen v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2006
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