Topic: if the amount withheld by the commissioner is insufficient … · Go Syfert
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Topic #332

5 canonical passages across 3 cases, quoted by 82 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Wrenn Ex Rel. Wrenn v. Astrue.

#Case FlagCanonical passage Citers
1 Wrenn Ex Rel. Wrenn v. Astrue Anchor
ca10 · 2008
green “if the amount withheld by the commissioner is insufficient to satisfy the amount of fees determined reasonable by the court, the attorney must look to the claimant, not the past-due benefits, to recover the difference.” 25
2 Wrenn Ex Rel. Wrenn v. Astrue
ca10 · 2008
green “based on the plain language and statutory structure found in 406, the 25 limitation on fees for court representation found in 406(b) is not itself limited by the amount of fees awarded by the commissioner.” 24
3 George R. WEAKLEY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee
ca10 · 1986
green “to prevent double payment of fees for the same work under both , however, congress directed that the smaller amount be given to the client.” 14
4 McGraw v. Barnhart
ca10 · 2006
green “section 406(b) itself does not contain a time limit for fee requests. . . . we believe that the best option in these circumstances is for counsel to employ federal rule of civil procedure 60(b)(6) in seeking a 406(b)(1) fee award.” 12

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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