Legal Opinion

Mckittrick v. Gardner

Court of Appeals for the Fourth Circuit

Decided May 30, 1967No. Nos. 11192, 11214PublishedCited by 73 opinions

1Opinion of the Court

HAYNSWORTH, Chief Judge:

In each of these cases, the Secretary objects to a routine allowance of attorney fees to lawyers representing claimants to social security benefits. In each instance the claimant prevailed in the District Court, and the Secretary does not question the lawyers’ entitlement to reasonable fees. He complains only of the controlling significance given to contingent fee contracts in fixing the fees.

In the Crouch case, the District Court on November 18, 1966, because of a contingent fee contract, approved a fee of $656.37, which was twenty-five per cent of the accrued…

2Cases cited5 opinions

  1. Redden v. CelebrezzeCourt of Appeals for the Fourth Circuit · 1966
  2. John W. Gardner, Secretary of Health, Education and Welfare v. Oscar MenendezCourt of Appeals for the First Circuit · 1967
  3. Ethelle B. Robinson v. John W. Gardner, Secretary, Department of Health, Education, and Welfare, (Two Cases)Court of Appeals for the Fourth Circuit · 1967
  4. Lovel Redden v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1966
  5. James B. Lambert v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1966

3Cited by73 opinions

  1. Dale Wells, William Hlywa v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, Appeal of John S. HoggCourt of Appeals for the Second Circuit · 1990
  2. Rodriquez v. BowenCourt of Appeals for the Sixth Circuit · 1989
  3. Wells v. BowenCourt of Appeals for the Second Circuit · 1988
  4. McGuire v. SullivanCourt of Appeals for the Seventh Circuit · 1989
  5. Glendal B. Webb v. Elliot L. RichardsonCourt of Appeals for the Sixth Circuit · 1972

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