Cases: Social Security

Cases Under Review, Social Security: SCOTUS Decides That Social Security Benefits Cap Of 25% Only Applies To Court Representation, Not Agency Work

Cases: Cases Under Review, Cases: Social Security

SCOTUS Disagreed With Eleventh Circuit, Following The Contrary Conclusion By Three Other Circuit Courts. United States Supreme Court             On January 8, 2019, the United States Supreme Court issued its opinion in Culbertson v. Berryhill, No. 17-773 (U.S. Supreme Court Jan. 8, 2019), which confronted this issue in the social security benefits area: “Whether fees […]

Social Security: Social Security Disability Claimant Winning Remand Erroneously Denied Attorney’s Fees Under EAJA By District Court

Cases: Social Security

  Government’s Position on Remand Issue Was Not Justified, Such That Later Litigation Position Rulings Were Irrelevant.      In Tobeler v. Colvin, Case No. 12-16392 (9th Cir. Apr. 18, 2014) (published), Social Security disability claimant had obtained a remand because a Social Security administrative law judge (ALJ) had disregarded competent lay witness on claimant’s symptoms

Social Security: Attorney’s Fees Request Denied Under EAJA Because Reversal Of Denial Of Social Security Disability Benefits Was Unusual Case Where Government’s Position Was Substantially Justified

Cases: Social Security

  Majority and Dissent Differed Over Application of Meier v. Covin.      In an earlier opinion, the Ninth Circuit had reversed the denial of social security disability benefits. However, the federal appeals court then denied the winner’s request for attorneys’ fees under the Equal Access to Justice Act (EAJA), which generally supports fee requests unless

Social Security: Attorney’s Fees Award Under EAJA Erroneously Decided Because ALJ’s Decision Is “Position of the United States” For Determining If Government Was Substantially Justified In Its Position

Cases: Social Security

  Remand Was Ordered to Consider $15,000-Plus Fee Request.      In Meier v. Colvin, Case No. 11-35736 (9th Cir. July 23, 2013) (for publication), a social security disability benefits claimant suffered defeats at the administrative law level and the district court level, until the the Ninth Circuit in an earlier unpublished memorandum opinion reversed and

Social Security: Claimant’s Attorney Subject To Offset For EAJA Fee Award From Fee Recovery Allowed Under The SSA

Cases: Social Security

  Offset Applicable for Entire Work of Attorney During Litigation, Not Just Discrete Work.      Parrish v. Comm’r of Social Security Administration, Case No. 11-35332 (9th Cir. Nov. 5, 2012) (published) is an interesting case involving the interaction of Social Security Act (SSA) and Equal Access to Justice Act (EAJA) provisions allowing attorneys to receive

Reasonableness Of Fees/Social Security: Magistrate Judge’s Use Of An Informal, De Facto Cap For Awarding Fees In “Routine” Social Security Benefits Case Reversed

Cases: Reasonableness of Fees, Cases: Social Security

  Routine Is in the Eye of the Beholder–The Third Reduction Was Not Viewed Kindly By Ninth Circuit; “Judicial Intuit Gestalt” Reigned Supreme.      Costa v. Commissioner of Social Security Administration, Case No. 11-35245 (9th Cir. Aug. 24, 2012) (published) (per curiam) reinforces a theme we see at both the federal and state court levels

Social Security: U.S. Supreme Court Appears To Be Leaning To The View That Fee Awards Are Clients’ Property Subject to Governmental Offsetting

Cases: Social Security

High Court Recently Hears Arguments in Astrue v. Ratliff.     In our October 1, 2009 post, we reported that the U.S. Supreme Court had accepted review of Astrue v. Ratliff, an Eighth Circuit decision. The issue for consideration was whether Social Security disability fee awards belong to clients, rather than their attorneys, so as to

Marc And Mike’s Top Twenty Decisions For 2009

Cases: Bankruptcy Efforts, Cases: Consumer Statutes, Cases: Family Law, Cases: Private Attorney General (CCP 1021.5), Cases: Probate, Cases: Sanctions, Cases: SLAPP, Cases: Social Security, Cases: Special Fee Shifting Statutes

Part 1 of 2: First Ten Grouping—Nos. 11-20.      As noted in an earlier post, we have accumulated our “top 20” attorney’s fees decisions, recognizing that we limit the list to published decisions and that the order reflects nothing about the importance of the decision. Rather, we try to survey decisions of interest in different

Social Security: SSDI Claimant’s Attorneys Should Be Entitled To Contingency Arrangement Award Absent Unusual Circumstances

Cases: Social Security

Ninth Circuit En Banc Panel Reverses Magistrates’ Reductions Below Requested Fees That Were Pegged To Contingency Arrangements (Albeit Lower).      We have told you faithful readers that we are purveyors to all substantive areas of the law. Here is an important one for litigants and practitioners in the area of attorney’s fees awarded to lawyers

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