Legal Opinion

Tobias J. COTTER, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Appellee

Court of Appeals for the Eighth Circuit

Decided July 12, 1989No. 88-5338PublishedCited by 134 opinions

1Opinion of the Court

LARSON, Senior District Judge.

The sole issue presented in this appeal is whether the district court abused its discretion in refusing to apply a multiplier to “enhance” an attorney’s fee award under section 206(b)(1) of the Social Security Act. See 42 U.S.C. § 406(b)(1).

Section 406 is a parens patriae limit on the amount of fees an attorney may receive from a disability claimant, usually an individual of limited resources, who suffers the additional handicap of a severe physical or mental disability. The statute provides:

Whenever a court renders a judgment favorable to a claimant under this…

2Cases cited20 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  5. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986

15 more not listed; retrieve them via the Exa API.

3Cited by134 opinions

  1. Gisbrecht v. BarnhartSupreme Court of the United States · 2002
  2. Jeter v. AstrueCourt of Appeals for the Fifth Circuit · 2010
  3. McDannel v. ApfelDistrict Court, S.D. Iowa · 1999
  4. Mitchell v. BarnhartDistrict Court, S.D. Iowa · 2005
  5. Plas M. Allen v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1995

129 more not listed; retrieve them via the Exa API.

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