Cucchiarelli v. Heckler

LOWE, District Judge.

With counsel’s help, plaintiff Anthony J. Cucchiarelli (“Cucchiarelli”) appealed to this Court from a decision of the Secretary of Health and Human Services (the “Secre*253tary”) denying him social security disability benefits. We remanded the case on the ground that the Secretary applied invalid “severity regulations” to determine that Cucchiarelli was “not disabled.” 1 Almost one year later, the Secretary agreed to discontinue the action and Cucchiarelli received his benefits.

Plaintiffs counsel now applies for attorney’s fees under 42 U.S.C. § 406(b)(1), which provides for…