Legal Opinion
Frank G. Fenix and Jessie P. Fenix v. Robert H. Finch, Secretary of Health, Education and Welfare
Court of Appeals for the Eighth Circuit
Decided January 19, 1971No. 19679PublishedCited by 70 opinions
1Opinion of the Court
MEHAFFY, Circuit Judge.
The Secretary of Health, Education and Welfare appeals from an award of attorneys’ fees ordered by the district court in a social security case. The Secretary charges that the amount of the award is controlled by and is violative of 42 U.S.C. § 406(b), which limits the maximum attorneys’ fees which may be awarded by the district court to twenty-five per cent of the past-due social security benefits recovered as a result of court proceedings. We hold that under the circumstances of this case the Act is not controlling, since it is not retroactive, and affirm the judgment…
2Cases cited25 opinions
- Harriet H. Hoffman, of the Estate of Ivan M. Hoffman v. Anthony Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1969
- Alfred H. Osborne, Sr. v. United StatesCourt of Appeals for the Eighth Circuit · 1965
- Farmers Co-Operative Elevator Association Non-Stock of Big Springs, Nebraska, a Cooperative Corporation v. Arthur C. StrandCourt of Appeals for the Eighth Circuit · 1967
- Francis C. O'Neill and Aetna Casualty & Surety Co. v. United States v. Ambrose-Augusterfer Corporation, Third-Party Francis C. O'NeillCourt of Appeals for the Third Circuit · 1969
- Mckittrick v. GardnerCourt of Appeals for the Fourth Circuit · 1967
20 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Sinkler v. BerryhillCourt of Appeals for the Second Circuit · 2019
- McGraw v. BarnhartCourt of Appeals for the Tenth Circuit · 2006
- Parrish v. Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2012
- Glendal B. Webb v. Elliot L. RichardsonCourt of Appeals for the Sixth Circuit · 1972
- Christian Arnold v. Martin J. O'MalleyCourt of Appeals for the Seventh Circuit · 2024
65 more not listed; retrieve them via the Exa API.