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SHOEMAKER v. BOWEN

No. 87-7696 Non-Argument Calendar.

853 F.2d 858 (1988)

Mary E. SHOEMAKER, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 30, 1988.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Jenny L. Smith, Marvin Neil Smith, Jr., Asst. U.S. Attys., Birmingham, Ala., Russell Shultis, Office of General Counsel, Dept. of Health and Human Services, Baltimore, Md., for defendant-appellant.

R. Michael Booker, Shores & Booker, Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT, VANCE and COX, Circuit Judges.

VANCE, Circuit Judge:

The sole issue in this appeal is whether a district court may consider interim benefits received by a social security claimant pursuant to 42 U.S.C. § 423(g) in computing an award of reasonable attorney's fees under 42 U.S.C. § 406(b). Because we find that the consideration of interim benefits for attorney's fee awards is not prohibited by the language of the statutes and the legislative history...

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