Legal Opinion
Jackson v. Commissioner of Social Security
Court of Appeals for the Eleventh Circuit
Decided April 2, 2010No. 09-12529PublishedCited by 263 opinions
1Opinion of the Court
MARTIN, Circuit Judge:
This case requires us to address the interaction of two fee-recovery statutes, 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b). The question presented is whether an attorney who requests attorney’s fees under 42 U.S.C. § 406(b) is required to refund an earlier payment made under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), or whether the attorney may instead offset the EAJA award by deducting it from his 42 U.S.C. § 406(b) fee request. We conclude that the attorney may offset the earlier award by making a corresponding reduction to his 42 U.S.C. § 406(b) fee…
2Cases cited9 opinions
- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- Barnhart v. WaltonSupreme Court of the United States · 2002
- Crawford v. AstrueCourt of Appeals for the Ninth Circuit · 2009
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
- McGraw v. BarnhartCourt of Appeals for the Tenth Circuit · 2006
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3Cited by263 opinions
- Kathleen O'Donnell v. Andrew SaulCourt of Appeals for the Seventh Circuit · 2020
- Stephen D. Atwater v. The National Football LeagueCourt of Appeals for the Eleventh Circuit · 2010
- United States v. Joel EsquenaziCourt of Appeals for the Eleventh Circuit · 2014
- Dennis W. Black v. Richard A. Culbertson, Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2012
- Gallardo ex rel. Vassallo v. DudekDistrict Court, N.D. Florida · 2017
258 more not listed; retrieve them via the Exa API.