Legal Opinion

Johnnie MOTLEY, Jr., Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellant

Court of Appeals for the Fourth Circuit

Decided September 10, 1986No. 85-1561PublishedCited by 19 opinions

1Per curiam

After successfully representing the plaintiff in his claim to benefits under Title II and Title XVI of the Social Security Act (the Act), counsel for the plaintiff petitioned the district court for an award of attorney’s fees based on the total amount of Title II benefits to which plaintiff would be entitled absent the Title XVI windfall offset. 1 Because the district court concluded that Congress did not intend for the Title XVI windfall offset provision to reduce the amount of attorney’s fees available, the court awarded the petitioner $2,556.13 — 25 percent of the unreduced Title II…

2Cases cited10 opinions

  1. Heckler v. CampbellSupreme Court of the United States · 1983
  2. Blum v. BaconSupreme Court of the United States · 1982
  3. Herweg v. RaySupreme Court of the United States · 1983
  4. Sidney E. Dawson v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1970
  5. Martha M. BURNETT, Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1985

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3Cited by19 opinions

  1. Bowen v. GalbreathSupreme Court of the United States · 1988
  2. United States v. Jefferson-Pilot Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1995
  3. Pittman v. SullivanCourt of Appeals for the Eighth Circuit · 1990
  4. Binder & Binder, P.C. v. Handel (In Re Handel)Court of Appeals for the Third Circuit · 2009
  5. Castillo v. Case Farms of Ohio, Inc.District Court, W.D. Texas · 1999

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