Cloyd v. Weinberger, 75--1522
| Decision Date | 30 October 1975 |
| Docket Number | No. 75--1522,75--1522 |
| Citation | 527 F.2d 1167 |
| Parties | Nelle CLOYD, Plaintiff-Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
George J. Long, U.S. Atty., Louisville, Ky., William Kanter, Mark N. Mutterperl, Appellante Section Civil Div., Dept. of Justice, Washington, D.C., for defendant-appellant.
Robert G. Hunt, King, Deep & Branaman, Henderson, Ky., for plaintiff-appellee.
Before PECK, McCREE and MILLER, Circuit Judges.
This is an appeal by the Secretary of Health, Education and Welfare from the district court's order allowing an attorney fee of $1028.60 for claimant's attorney.
Section 206(b)(1) of the Social Security Act, 42 U.S.C. § 406(b)(1) provides that: 'Whenever a court renders a judgment favorable to a claimant . . . the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment.' In this case, claimant's gross accrued benefits amounted to $2,703.20, but the gross figure was reduced to $746.20 by application of a statutory formula set forth in 42 U.S.C. § 424a which directs the Secretary to reduce a claimant's benefits if the claimant receives workmen's compensation.
We agree with the Government that under Section 206(b)(1) the claimant was 'entitled by reason of (the district court's) judgment' to past-due benefits in the net amount of $746.20. Appellee was never entitled under the provisions of the Social Security Act to the gross accrued award. See Davis v. Secretary of Health, Education and Welfare, 320 F.Supp. 1293, 1296 (N.D.Miss.1970) and Annot., Social Security Act--Attorney's Fee, 22 A.L.R.3d 1081 (1968). Accordingly, the attorney's fee in this case cannot exceed $186.55. Because it is clear that the district court intended to award the maximum allowable amount, instead of remanding for recomputation, we direct the district court to enter an award of $186.55 as the attorney's fee in this case.
The other issues presented being without merit, we reverse the judgment of the district court and direct the entry of judgment in favor of the Secretary.
Upon consideration of the appellant's motion to tax costs, it is ordered that the motion be and it hereby is denied since a public question is...
To continue reading
Request your trial
-
Guadamuz v. Heckler
...The amount actually payable to her as a claimant under Title II is not affected. This is why the court's reliance on Cloyd v. Weinberger, 527 F.2d 1167 (6th Cir.1976), in Burnett and Wheeler is unsound. Cloyd involved the deduction of worker's compensation payments from Title II benefits. H......
-
Burnett v. Heckler, 83-1992
...disability benefits if the claimant receives worker's compensation. See also 20 C.F.R. Sec. 404.408 (1984). In Cloyd v. Weinberger, 527 F.2d 1167 (6th Cir.1976) (order), the claimant's gross amount of benefits was $2,703.20, but, after reduction for worker's compensation, the net amount was......
-
Kugler v. Secretary of Health and Human Services
...on the gross amount, the fee could represent a substantial portion of the payment the claimant actually receives. See Cloyd v. Weinberger, 527 F.2d 1167 (6th Cir.1976) (reversing district court's award based on gross benefits, which exceeded the claimant's past-due benefits); see also Burne......
-
Kovar v. Heckler
...(1982). McKenzie v. Heckler, 605 F.Supp. 1217 (D.Minn.1985). 8 Nor is the Court's decision here controlled by Cloyd v. Weinberger, 527 F.2d 1167 (6th Cir. 1975), which held that worker's compensation benefits are reduced from the gross amount of benefits before § 406(b) fees are calculated.......