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DONOVAN v. SECRETARY OF HEALTH AND HUMAN SERVICES

Civ. A. No. 82-566 CMW.

598 F.Supp. 120 (1984)

William DONOVAN, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. Delaware.

October 22, 1984.

Attorney(s) appearing for the Case

Hank R. Bernstein, of Chadds Ford, Pa., for plaintiff.

Joseph J. Farnan, Jr., U.S. Atty., Richard McMahon, Asst. U.S. Atty., Wilmington, Del. (Diane C. Moskal, Regional Atty., and John Newton, Asst. Regional Atty., Philadelphia, Pa., of counsel), for defendant.

OPINION

CALEB M. WRIGHT, Senior District Judge.

Hank R. Bernstein, an attorney for a social security claimant, has moved for attorney's fees pursuant to 42 U.S.C. § 406. That statute provides that an attorney of a claimant who prevails in proceedings before the Secretary or before a court is entitled to a reasonable fee not to exceed 25% of the claimant's past-due benefits. Part (a) of § 406 provides...

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