Legal Opinion
Rice v. Astrue
Court of Appeals for the Fifth Circuit
Decided June 24, 2010No. 09-10589PublishedCited by 41 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This social security case brings the issue of whether a federal court may condition the amount of its Equal Access to Justice Act award of attorney’s fees on a future grant of attorney’s fees by the Commissioner of Social Security. The government concedes that Congress does not permit the offset. We are persuaded that this concession is compelled by the statutory scheme.
I
Evelyn D. Rice, a former postal clerk, has not worked since February 18, 2003, due to a car accident, and continues to have a variety of musculoskeletal disorders, including…
2Cases cited23 opinions
- Astrue v. RatliffSupreme Court of the United States · 2010
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- Shalala v. SchaeferSupreme Court of the United States · 1993
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
18 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Jeter v. AstrueCourt of Appeals for the Fifth Circuit · 2010
- Murkeldove v. AstrueCourt of Appeals for the Fifth Circuit · 2011
- Mario Naranjo v. Bobby ThompsonCourt of Appeals for the Fifth Circuit · 2015
- Booth v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2016
- Kellems v. AstrueCourt of Appeals for the Fifth Circuit · 2010
36 more not listed; retrieve them via the Exa API.