Legal Opinion

William J. Detson v. Richard Schweiker, Secretary of Health and Human Services

Court of Appeals for the Sixth Circuit

Decided April 17, 1986No. 85-1275PublishedCited by 23 opinions

1Opinion of the Court

CONTIE, Circuit Judge.

The Secretary of Health and Human Services (Secretary) appeals from a district court judgment awarding attorney’s fees pursuant to 42 U.S.C. § 406(b)(1) to the attorney who successfully represented a claimant seeking retroactive Title II disability benefits and Title XVI Supplemental Security Income (SSI) benefits. The Secretary claims that the district court erred in computing the amount of attorney’s fees by failing to apply the SSI windfall offset provided by 42 U.S.C. § 1320a-6. For the reasons that follow, we reverse the judgment of the district court.

I

On March 28,…

2Cases cited12 opinions

  1. Heckler v. CampbellSupreme Court of the United States · 1983
  2. Batterton v. FrancisSupreme Court of the United States · 1977
  3. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  4. Herweg v. RaySupreme Court of the United States · 1983
  5. Sidney E. Dawson v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1970

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3Cited by23 opinions

  1. Constance DION, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppellantCourt of Appeals for the First Circuit · 1987
  2. Guadamuz v. BowenCourt of Appeals for the Ninth Circuit · 1988
  3. Johnnie MOTLEY, Jr., Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Fourth Circuit · 1986
  4. Allen Sheppard v. Louis W. Sullivan, M.D., Secretary of the Department of Health & Human ServicesCourt of Appeals for the D.C. Circuit · 1990
  5. Sam MAZZA, Appellant, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES of the United States, AppelleeCourt of Appeals for the Third Circuit · 1990

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