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Jerry D. TALBOTT v. Otis R. BOWEN, Secretary of Health & Human Services

19 soc.sec.rep.ser. 402, unempl.ins.rep. Cch 17,626 Jerry D. Talbott v. Otis R. Bowen, Secretary of Health & Human Services

Talbott v. Bowen, 832 F.2d 111 (8th Cir. 1987)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
August 17, 1987
Docket
No. 86-2507
Judges
Lay, Timbers, Wollman
Citations
832 F.2d 1111987 U.S. App. LEXIS 1416319 Soc. Serv. Rev. 402

Opinion

ORDER Application has been made to the Court by claimant’s counsel for attorney’s fees to be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412 . The Court finds that claimant’s counsel is entitled to attorney fees under the Act based upon the Secretary’s failure to apply the plain language of its own regulations as they relate to light work. The Court finds that the claimant's counsel is entitled to attorney’s fees for 63.75 hours at $75.00 per hour, totaling $4,781.25, plus expenses incurred in the sum of $289.83.

Claimant’s counsel is also entitled to attorney’s fees in the amount of 25% of claimant’s past due benefits, pursuant to a contingent fee contract. However, the Court finds claimant’s counsel is not entitled to receive both fees. The Court rules that claimant's counsel may receive the maximum of the greater amount found to be reimbursable under the EAJA, or the 25%. In other words, the total amount awarded shall not be greater than the larger amount of the two fees. If claimant’s counsel’s fee under the EAJA of $4,781.25 exceeds the amount of the contingent fee contract, then counsel will not collect anything from the claimant’s back benefits. On the other hand, if the award received under the EAJA of $4,781.25 is less than the 25% contingent fee contract based upon back benefits, then claimant's counsel may collect from the claimant the difference between the 25% award and the award under the EAJA.

IT IS SO ORDERED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 12 cases

View all citing references →
1989: 11990: 11991: 11997: 11999: 12001: 22011: 12019: 12022: 12023: 219892026peak 2001 · 2

Relies on it most ⓘ

  1. Odis Ross v. Douglas County, Nebraska244 F.3d 620 (8th Cir. 2001)
  2. Pickett v. Sheridan Health Care Center664 F.3d 632 (7th Cir. 2011)
  3. McDannel v. Apfel78 F. Supp. 2d 944 (S.D. Iowa 1999)
  4. Tobias J. COTTER v. Otis R. BOWEN, Secretary of Health and Human Services of the United States879 F.2d 359 (8th Cir. 1989)
  5. Shepherd v. Apfel981 F. Supp. 1188 (S.D. Iowa 1997)
  6. Durant v. Strack151 F. Supp. 2d 226 (E.D.N.Y. 2001)

Most recent

  1. Schellhorn v. KijakaziNo. 4:18-cv-00988 (W.D. Mo. Oct. 17, 2023)
  2. Handy Jones v. City of St. Paul, MinnesotaNo. 0:20-cv-00707 (D. Minnesota Oct. 3, 2023)
  3. McGowan v. KijakaziNo. 0:20-cv-02247 (D. Minnesota June 7, 2022)
  4. Kinas v. Commissioner of Social SecurityNo. 3:17-cv-00165 (N.D. Ind. Sept. 18, 2019)
  5. Pickett v. Sheridan Health Care Center664 F.3d 632 (7th Cir. 2011)
  6. Durant v. Strack151 F. Supp. 2d 226 (E.D.N.Y. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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