Legal Opinion
Bennett v. Barnhart
District Court, N.D. Oklahoma
Decided November 29, 2005No. 4:03-cv-00534Published
1Opinion of the Court
ORDER 1
JOYNER, United States Magistrate Judge.
Currently before the Court is Plaintiff's Attorney’s Motion For an Award of Attorney Fees Under § 406(b). [Docket No. 23-1]. The Court has reviewed the briefs of the parties and considered the arguments. Plaintiffs motion for fees is denied. [Docket No. 23-1].
Given that a plain reading of the statute prohibits the Court from awarding fees, the Court will not award fees under § 406(b) absent direction from the Tenth Circuit Court of Appeals. The § 406(b) issue is currently on appeal to the Tenth Circuit Court of Appeals in the case of McGraw v.…
2Cases cited11 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Dale Wells, William Hlywa v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, Appeal of John S. HoggCourt of Appeals for the Second Circuit · 1990
- McDannel v. ApfelDistrict Court, S.D. Iowa · 1999
- Carolyn Newsome v. Donna Shalala, Secretary of the Department of Health and Human Services of the United StatesCourt of Appeals for the Eleventh Circuit · 1993
- Shepherd v. ApfelDistrict Court, S.D. Iowa · 1997
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