Legal Opinion
Donald Bergen v. Commissioner of Social Security
Court of Appeals for the Eleventh Circuit
Decided April 4, 2006No. 05-14683, 05-14684PublishedCited by 1 opinion
Non-Argument Calendar.
1Per curiam
We VACATE our prior opinion in this case, issued on April 4, 2006, and replace it with the following opinion.
Does 42 U.S.C. § 406(b)(1)(A) permit an award of attorney’s fees when a district court remands a case to the Commissioner of Social Security (Commissioner) for further proceedings, and the Commissioner subsequently awards the claimant past-due benefits on remand? This consolidated appeal presents us with an opportunity to answer this precise question definitively. We find that § 406(b)(1)(A) permits attorney’s fees for past-due benefits after a remand.
BACKGROUND
Donald Bergen and James…
2Cases cited16 opinions
- 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
- Barnhart v. WaltonSupreme Court of the United States · 2002
- Earleen Smith v. Otis R. Bowen, Secretary of Health and Human Services, Appeal of Deborah Spector and Ellyn HershmanCourt of Appeals for the Seventh Circuit · 1987
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3Cited by1 opinion
- Donald Bergen v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2006