Hopkins v. Cohen

The question is whether the ceiling on an attorney’s fee under §206 (b)(1) of the Social Security Act, as amended,1 79 Stat. 403, 42 U. S. C. §406 (b)(1) (1964 *531ed., Supp. II), is based on the benefits received by the claimant alone or may be based also on the benefits that other dependent members of his family receive by virtue of the claimant’s disability.

Respondent ruled that petitioner2 was not totally and permanently disabled within the meaning of the Act. The District Court reversed and awarded the claimant’s attorney a fee equal to 25% of the benefits accruing to the claimant alone. The…