Mary E. SHOEMAKER, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
VANCE, Circuit Judge:
The sole issue in this appeal is whether a district court may consider interim benefits received by a social security claimant pursuant to 42 U.S.C. § 423(g) in computing an award of reasonable attorney’s fees under 42 U.S.C. § 406(b). Because we find that the consideration of interim benefits for attorney’s fee awards is not prohibited by the language of the statutes and the legislative history, and that absent an election by a claimant the interim benefits would be payable as past-due benefits, we affirm the district court’s decision.
On March 12, 1979 appellee applied…
2Cases cited10 opinions
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- Schweiker v. ChilickySupreme Court of the United States · 1988
- Bureau of Alcohol, Tobacco & Firearms v. Federal Labor Relations AuthoritySupreme Court of the United States · 1983
- Watford v. HecklerCourt of Appeals for the Eleventh Circuit · 1985
- Heckler v. DaySupreme Court of the United States · 1984
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3Cited by17 opinions
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