Marvin KAY, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
CARNES, Circuit Judge:
Dale Buchanan, an attorney, represented plaintiff Marvin Kay on his claim for Social Security benefits. As a result of Buchanan’s efforts, Kay was awarded over $52,000 in past-due benefits. Buchanan moved for attorney’s fees, pursuant to 42 U.S.C. § 406(b). The district court,, applying the “lodestar” method, awarded Buchanan $3,990.13 in attorney’s fees. On appeal, we join the majority of circuits in holding that reasonable attorney’s fees under § 406(b) should be calculated using the “lodestar” approach, not the “contingent fee” approach. We conclude that the district…
2Cases cited28 opinions
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