Nelle Cloyd v. Caspar Weinberger, Secretary of Health, Education and Welfare

ORDER

This is an appeal by the Secretary of Health, Education and Welfare from the district court’s order allowing an attorney fee of $1028.60 for claimant’s attorney.

Section 206(b)(1) of the Social Security Act, 42 U.S.C. § 406(b)(1) provides that: “Whenever a court renders a judgment favorable to a claimant . . . the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment.” In this case, claimant’s gross accrued benefits…