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United States Eleventh Circuit


Jackson v. Comm'r. of Soc. Sec., 09-12529

In a social security benefits proceeding, an order requiring plaintiff's counsel to refund an Equal Access to Justice Act (EAJA) fee award to plaintiff is reversed where an attorney who requested fees under 42 U.S.C. section 406(b) was not required to refund an earlier payment made under the EAJA, and could instead offset the EAJA award by deducting it from his 42 U.S.C. section 406(b) fee request.

Appellate Information

  • Decided 04/05/2010
  • Published 04/05/2010

Judges

  • MARTIN, Circuit Judge:, Before TJOFLAT, PRYOR and MARTIN, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Richard A. Culbertson, Law Office of Richard A. Culbertson, Orlando, FL, for Jackson.

  • For Appellees:
  • Nadine DeLuca Elder, Christopher Gene Harris, Susan Kelm Story, Dennis R. Williams, Mary Ann Sloan, Holly G. Grimes, Atlanta, GA, for Defendant-Appellee.
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