Bailey v. Heckler

MEMORANDUM OPINION

COHILL, Chief Judge.

I

Plaintiff, Earl J. Bailey, brought this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of the Secretary’s final decision denying Plaintiff’s claim for disability benefits. Summary judgment subsequently was entered for Plaintiff and against Defendant.

Presently before the Court is a petition for attorney’s fees pursuant to 42 U.S.C. § 406(b)(1) filed by Plaintiff’s counsel, Gilbert E. Caroff, Esquire. For the reasons set forth below, the petition will be denied, without prejudice.

II

42 U.S.C. § 406(b)(1) provides in pertinent part that:

Whenev…