Legal Opinion
Gisbrecht v. Barnhart
Supreme Court of the United States
Decided May 28, 2002No. 01-131PublishedCited by 4,861 opinions
1Opinion of the CourtJustice Ginsburg
This case concerns the fees that may be awarded attorneys who successfully represent Social Security benefits claimants in court. Under 42 U. S. C. § 406(b) (1994 ed. and Supp. V),1 a prevailing claimant’s fees are payable only out of the benefits recovered; in amount, such fees may not exceed 25 percent of past-due benefits. At issue is a question that has sharply divided the Federal Courts of Appeals: What is the appropriate starting point for judicial determinations of “a reasonable fee for [representation before the court]”? See ibid. Is the contingent-fee agreement between claimant and…
2Cases cited27 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
- City of Burlington v. DagueSupreme Court of the United States · 1992
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3Cited by4,861 opinions
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- Crawford v. AstrueCourt of Appeals for the Ninth Circuit · 2009
- Perdue v. Kenny A. ex rel. WinnSupreme Court of the United States · 2010
- Culbertson v. BerryhillSupreme Court of the United States · 2019
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