Legal Opinion
Nazaria Rodriguez v. Secretary of Health and Human Services
Court of Appeals for the First Circuit
Decided August 31, 1988No. 88-1249PublishedCited by 10 opinions
1Opinion of the Court
NOONAN, Circuit Judge:
The Secretary of Heálth and Human Services (the Secretary) appeals the district court’s award of attorney fees under 42 U.S.C. § 406(b)(1). The single, not-so-simple issue before the court — of importance to the Secretary and to the Social Security Bar — is whether interim payments made to a claimant pursuant to section 2(e) of the Social Security Disability Benefits Reform Act of 1984, Public L. No. 98-460, 98 Stat. 1794, are to be included in the “past-due benefits” formula for computing attorney fees. We hold that they are not included and reverse and remand.
BACKGROUND
2Cases cited10 opinions
- Bowen v. GalbreathSupreme Court of the United States · 1988
- Martha M. BURNETT, Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1985
- 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
- Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Grady L. SparksCourt of Appeals for the Fifth Circuit · 1965
- William J. Detson v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Binder & Binder, P.C. v. Handel (In Re Handel)Court of Appeals for the Third Circuit · 2009
- Moriarty v. ColvinCourt of Appeals for the First Circuit · 2015
- George L. Akers v. Secretary Of Health And Human ServicesCourt of Appeals for the Sixth Circuit · 1992
- Akers v. Secretary of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 1992
- Moriarty v. ColvinDistrict Court, D. Massachusetts · 2014
5 more not listed; retrieve them via the Exa API.