United States Fifth Circuit

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Rice v. Astrue, 09-10589

In plaintiff's appeal from the district court's order requiring her attorney to remit a portion of her Equal Access to Justice Act (EAJA) award if she won attorney's fees at the administrative level, the order is reversed where a federal court may not condition the amount of its EAJA award of attorney's fees on a future grant of attorney's fees by the Commissioner of Social Security.

Appellate Information

  • Decided 06/25/2010
  • Published 06/25/2010


  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.


  • United States Fifth Circuit