Legal Opinion

Modica v. Secretary of Health and Human Services

District Court, E.D. New York

Decided March 16, 1984No. 81 C 1195PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

NICKERSON, District Judge.

This is a motion pursuant to 42 U.S.C. 406(b)(1) for an order authorizing payment of $9,999.95 as counsel fees for the representation of plaintiff. Under that section when the court renders a judgment favorable to the claimant who was represented before the court by an attorney, the court may allow as part of the judgment a reasonable fee for such representation not in excess of 25% of the total of the past due benefits to which the claimant is entitled by reason of the judgment.

By order dated June 29, 1983 this court reversed the determination of…

2Cases cited2 opinions

  1. John S. MacDonald v. Caspar W. Weinberger, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1975
  2. Burgo v. HarrisDistrict Court, E.D. New York · 1981

3Cited by10 opinions

  1. Wells v. BowenCourt of Appeals for the Second Circuit · 1988
  2. Taylor v. HecklerDistrict Court, D. New Jersey · 1985
  3. Eustache v. Secretary of the Dept. of Health & Human Services of the U.S.District Court, E.D. New York · 1985
  4. O'Grady v. Secretary of the United States Department of Health & Human ServicesDistrict Court, E.D. New York · 1987
  5. Losco v. BowenDistrict Court, S.D. New York · 1986

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