Legal Opinion

Buchanan v. Apfel

District Court, E.D. Tennessee

Decided July 30, 1999No. Nos. 1:97CV-584, 1:98CV-180PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

EDGAR, Chief Judge.

Plaintiff Dale Buchanan (“Buchanan”) has sued the defendant Kenneth S. Apfel, Commissioner of Social Security (“Commissioner”) asking this Court to review the reasonableness of the attorney fees awarded to Buchanan by the Commissioner in five cases,1 and to grant injunctive relief requiring the Commissioner to calculate attorney fees in accordance with the applicable laws and regulations. The crux of Buchanan’s argument is that the Commissioner has instituted a de facto system whereby attorney fees are automatically limited to no more than twenty-five percent of…

2Cases cited24 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  3. Kentucky Department of Corrections v. ThompsonSupreme Court of the United States · 1989
  4. Hagans v. LavineSupreme Court of the United States · 1974
  5. Heckler v. RingerSupreme Court of the United States · 1984

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3Cited by1 opinion

  1. Dale Buchanan v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2001

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