DAWSON v. FINCH

No. 28364.

425 F.2d 1192 (1970)

Sidney E. DAWSON, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 12, 1970.


Attorney(s) appearing for the Case

Sidney E. Dawson, pro se.

Eldon B. Mahon, U. S. Atty., Dallas Tex., Kathryn H. Baldwin, James C. Hair, Attys., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before THORNBERRY, DYER and CLARK, Circuit Judges.


DYER, Circuit Judge:

Appellant Dawson, an attorney, brought this action seeking an allowance by the District Court of an attorney's fee for his representation of a claimant for disability benefits under the Social Security Act, 42 U.S.C.A. §§ 416(i) and 423(a). The District Court denied Dawson's claim, concluding that 42 U.S. C.A. § 406 limits an attorney's total fee allowance to twenty-five percent of the past due benefits recovered by the claimant...

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