Legal Opinion
McGraw v. Barnhart
Court of Appeals for the Tenth Circuit
Decided June 13, 2006No. 05-5079PublishedCited by 436 opinions
1Opinion of the Court
EBEL, Circuit Judge.
This appeal presents a question of first impression in this court: whether the Social Security Act (SSA), 42 U.S.C. § 406(b)(1), allows the district court to award attorney’s fees to claimant’s counsel when the court remands a Title II Social Security disability case for further proceedings and the Commissioner ultimately determines that the claimant is entitled to an award of past-due benefits. We conclude that § 406(b)(1) does permit an award of counsel fees under these circumstances, and therefore we REVERSE the district court’s denial of fees, see McGraw v. Barnhart,…
2Cases cited37 opinions
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- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- Shalala v. SchaeferSupreme Court of the United States · 1993
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Melkonyan v. SullivanSupreme Court of the United States · 1991
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3Cited by436 opinions
- Sinkler v. BerryhillCourt of Appeals for the Second Circuit · 2019
- Jackson v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2010
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- Wrenn Ex Rel. Wrenn v. AstrueCourt of Appeals for the Tenth Circuit · 2008
- Parrish v. Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2012
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