Legal Opinion
John W. Gardner, Secretary of Health, Education and Welfare v. Oscar Menendez
Court of Appeals for the First Circuit
Decided March 2, 1967No. 6761PublishedCited by 40 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
The single issue in this case is whether it was appropriate for the district court, as distinguished from the Secretary of Health, Education and Welfare, to determine and award plaintiff’s counsel a fee (“out of, and not in addition to * * * the benefits payable”) by virtue of section 206(b) (1) of the Social Security Act, 42 U.S.C. § 406(b) (1). No factual questions are involved. Plaintiff filed a claim for disability benefits and prosecuted it, unsuccessfully, pro se, through the Appeals Council. Thereafter he employed counsel, who filed a petition for review in the…
2Cases cited3 opinions
- Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Grady L. SparksCourt of Appeals for the Fifth Circuit · 1965
- Morris Chernock v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1966
- Robinson v. CelebrezzeDistrict Court, W.D. South Carolina · 1965
3Cited by40 opinions
- Steven B. HORENSTEIN, Et Al., Plaintiffs-Appellees, v SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1994
- Glendal B. Webb v. Elliot L. RichardsonCourt of Appeals for the Sixth Circuit · 1972
- Christian Arnold v. Martin J. O'MalleyCourt of Appeals for the Seventh Circuit · 2024
- Sidney E. Dawson v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1970
- Jack E. COUP, Appellant, v. Margaret HECKLER, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1987
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