CALDWELL v. CALIFANO

Civ. A. No. 75-X-0574-S.

455 F.Supp. 1069 (1978)

Robert CALDWELL, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. Alabama, S. D.

August 14, 1978.


Attorney(s) appearing for the Case

Walter W. Furner, Furner & Boyce, Bessemer, Ala., for plaintiff.

J. R. Brooks, U. S. Atty., N. D. Ala., Birmingham, Ala., for defendant.


MEMORANDUM OPINION

GROOMS, District Judge.

Defendant has filed a motion for reconsideration of the Court's judgment of July 10, 1978, awarding attorney's fees claiming that since the award of benefits was made by the Appeals Council on remand, and plaintiff did not file a petition with the Social Security Administration for fees for services rendered, the Court is without jurisdiction to determine an award for fees. Defendant says that the award was premature...

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