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JOSLYN v. BARNHART

No. 02-CV-6646L.

389 F.Supp.2d 454 (2005)

Richard JOSLYN, Plaintiff, v. Jo Anne B. BARNHART, Defendant.

United States District Court, W.D. New York.

October 4, 2005.

Attorney(s) appearing for the Case

William J. McDonald, Jr., Bond and McDonald, Geneva, NY, for Plaintiff.

Brian M. McCarthy, U.S. Attorney's Office, Rochester, NY, for Defendant.

DECISION AND ORDER

LARIMER, District Judge.

On July 7, 2005, plaintiff, in this action for Social Security benefits, moved for an order awarding attorney's fees pursuant to 42 U.S.C. § 406(b)(1). Plaintiff's attorney seeks fees in the amount of $38,116.50 on the basis of a contingent-fee agreement between plaintiff and plaintiff's attorney. Defendant, JoAnne B. Barnhart, Commissioner of Social Security, opposes the motion on the grounds that...

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