[Download] "Buchanan V. Apfel" by Sixth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Buchanan V. Apfel
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 27, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Dale Buchanan represented five individuals in successful claims for back benefits before the Commissioner of Social Security. When he sought approval of the attorney fees specified in the contracts with his clients, however, the Commissioner determined that Buchanan was limited to receiving sums equal to exactly 25 percent of the claimants' back benefits, rather than the alternate minimum fees agreed upon with his clients. Buchanan challenged, on statutory and constitutional grounds, the method used by the Commissioner to determine those fees, arguing that the Commissioner was improperly placing a flat cap on fee awards. The district court concluded that it had no subject-matter jurisdiction to review Buchanan's claims. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.
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