Case Status

3 results

GISBRECHT, GARY E., ET AL. v. BARNHART, COMM'R, SSA (26586)

    Order dated: 11/26/01
    Docket number: 01-131
    Action:
        The petition for a writ of certiorari as to Gary E. Gisbrecht, Barbara A. Miller and Nancy Sandine is granted. The petition for a writ of certiorari as to Donald L. Anderson is denied.

GISBRECHT, GARY E., ET AL. v. BARNHART, COMM'R, SSA (26586)

    Order dated: 02/19/02
    Docket number: 01-131
    Action:
        The motion of petitioners to dispense with printing the joint appendix is granted.

GISBRECHT, GARY E., ET AL. v. BARNHART, COMM'R, SSA (26586)

    Order dated: 03/04/02
    Docket number: 01-131
    Action:
        The motion of the Solicitor General to permit David B. Salmons, Esquire, to present oral argument, pro hac vice, is granted.

A description of the questions presented by the case has been prepared:

Whether, when determining a reasonable attorney fee to be paid by the plaintiff's attorney pursuant to 42 U.S.C. 406 (b), a court may give no effect to the plaintiff's contract to compensate plaintiff's attorney in terms of a contingent fee taking into account the contingent nature of the fee even when the contingent fee requested is within the statutory limitation of 42 U.S.C. 406(b) for an attorney fee not to exceed 25 percent of the total of the past due benefits, even when it is a criminal offense for an attorney to charge a non-contingent fee, and even when the contingent fee sought is consistent with the prevailing market rate.

An opinion has been handed down: