Pearlie Sims, Widow and Next of Kin of Alfred Sims v. John W. Gardner, Secretary of Health, Education and Welfare

McCREE, Circuit Judge.

This appeal, though captioned in the name of Pearlie Sims, is actually the appeal of her attorney, who disputes the amount of the fee fixed for him by the district court under 42 U.S.C. § 406(b) (1) following his successful district court challenge of the Secretary’s denial of social security disability insurance benefits to Mrs. Sims’ husband. Upon the husband’s death, Mrs. Sims had been substituted as plaintiff in a representative capacity in the district court proceedings. The court fixed the attorney’s fee at “twenty-five percent of the sum recovered of the defendant…