Byrd v. Harris

MEMORANDUM

FRANK W. WILSON, Chief Judge.

This is an action for the judicial review of the final decision of the Secretary of Health and Human Services, awarding attorneys’ fees pursuant to 42 U.S.C. § 406. The case is presently before the Court upon the defendant’s motion to dismiss (Court File No. 3).

Plaintiff, an attorney, entered into a contract with a Social Security claimant whereby plaintiff agreed to represent claimant and claimant agreed to pay plaintiff a 25% contingency interest in any past-due benefits awarded claimant. Plaintiff represented claimant before the Secretary who denied…