Legal Opinion

Kugler v. Secretary of Health & Human Services

District Court, E.D. New York

Decided October 14, 1986No. 83 CV 3098Published

1Opinion of the Court

MEMORANDUM AND ORDER

PLATT, District Judge.

The issue in this case is whether the limit on attorneys’ fees under 42 U.S.C. § 406 in Social Security cases is based on the amount of retroactive disability benefits before or after the deduction under 42 U.S.C. § 1320a-6 for Supplemental Security Income benefits previously paid.

On November 2, 1985, the Secretary of Health and Human Services (the “Secretary”) awarded the plaintiff retroactive Supplemental Security Income (“SSI”) benefits, under Title XVI of the Social Security Act (the “Act”), 42 U.S.C. §§ 1381-83c, covering the period June 1982…

2Cases cited12 opinions

  1. Herweg v. RaySupreme Court of the United States · 1983
  2. Sidney E. Dawson v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1970
  3. Martha M. BURNETT, Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1985
  4. Creola Wheeler v. Margaret Heckler, Secretary of Health and Human Services. Appeal of Margaret M. Heckler, Sec. Of Health and Human ServicesCourt of Appeals for the Third Circuit · 1986
  5. William J. Detson v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986

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