Legal Opinion
Caldwell v. Califano
District Court, N.D. Alabama
Decided August 14, 1978No. Civ. A. 75-X-0574-SPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
GROOMS, District Judge.
Defendant has filed a motion for reconsideration of the Court’s judgment of July 10, 1978, awarding attorney’s fees, claiming that since the award of benefits was made by the Appeals Council on remand, and plaintiff did not file a petition with the Social Security Administration for fees for services rendered, the Court is without jurisdiction to determine an award for fees. Defendant says that the award was premature and precluded the Administration from exercising its authority to award a fee under 42 U.S.C. § 406(a).
The Court has carefully…
2Cases cited15 opinions
- Glendal B. Webb v. Elliot L. RichardsonCourt of Appeals for the Sixth Circuit · 1972
- Sidney E. Dawson v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1970
- Mckittrick v. GardnerCourt of Appeals for the Fourth Circuit · 1967
- Frank G. Fenix and Jessie P. Fenix v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1971
- John S. MacDonald v. Caspar W. Weinberger, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1975
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3Cited by3 opinions
- Knox v. SchweikerDistrict Court, D. Delaware · 1983
- Dolin v. HarrisDistrict Court, D. Maryland · 1980
- Padula-Holewinski v. SSADistrict Court, D. New Hampshire · 1996