United States Tenth Circuit

A district court's determination that the combined attorney's fees for representation before the Social Security Administration (SSA) and on appeal to a district court cannot exceed 25% of past-due benefits is reversed and remanded where the Commissioner and the court have the authority to independently determine the appropriate attorney's fees, and the 25% limitation on fees for court representation is not itself limited by the amount of fees awarded by the Commissioner.

Appellate Information

• Decided 05/07/2008
• Published 05/07/2008

Judges

• O'BRIEN, Circuit Judge., Before HARTZ, O'BRIEN, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steve A. Troutman of the firm Troutman & Troutman, P.C., Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Christopher Carillo, Assistant Regional Counsel, Office of the General Counsel, Region IV, Social Security Administration, (Sheldon J. Sperling, United States Attorney and Tina M. Waddell, Regional Chief Counsel, Office of the General Counsel, Region IV, Social Security Administration, Dallas, TX, with him on the brief), for Defendant-Appellee.