Legal Opinion
Britton v. Gardner
District Court, W.D. Virginia
Decided June 14, 1967No. Civ. A. No. 76, Charlottesville Div.; Civ. A. Nos. 1093 (Re) and 64-C-98-A, Abingdon DivPublishedCited by 6 opinions
1Opinion of the Court
OPINION
MICHIE, District Judge.
The three cases here consolidated for decision are factually similar and present interrelated questions of law. All three concern the power of a district court to award a reasonable attorney’s fee to an attorney for his representation of a social security claimant. Statutory authority for the power of a district court to award a fee is found in 42 U.S.C. § 406. This same section grants the Secretary the power to award a fee and thus fix the compensation of an attorney for the representation of a claimant at the administrative level.
The portions of § 406 relevant…
2Cases cited8 opinions
- Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Grady L. SparksCourt of Appeals for the Fifth Circuit · 1965
- Morris Chernock v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1966
- Ethelle B. Robinson v. John W. Gardner, Secretary, Department of Health, Education, and Welfare, (Two Cases)Court of Appeals for the Fourth Circuit · 1967
- Kelley v. Altheimer, Arkansas Public School District No. 22Court of Appeals for the Eighth Circuit · 1967
- Sheppard v. FlemmingDistrict Court, S.D. West Virginia · 1960
3 more not listed; retrieve them via the Exa API.
3Cited by6 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
- Brown v. BarnhartDistrict Court, W.D. Virginia · 2003
- Davis v. Secretary of Health, Education & Welfare of the United StatesDistrict Court, N.D. Mississippi · 1970
- Caldwell v. CalifanoDistrict Court, N.D. Alabama · 1978
1 more not listed; retrieve them via the Exa API.