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THOMASON v. SCHWEIKER

No. 81-2043.

692 F.2d 333 (1982)

George H. THOMASON, Appellant, v. Richard SCHWEIKER, in his official capacity as Secretary of the Department of Health and Human Services of the Government of the United States of America, and William Driver, in his official capacity as commissioner of the Social Security Administration, an Agency of the Government of the United States of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 2, 1982.

Attorney(s) appearing for the Case

John B. Duggan, Greer, S.C. (M. Thomas Webber, Jr., Edwards, Duggan & Reese, P.A., Greer, S.C. on brief), for appellant.

Gabriel L. Imperato, Baltimore, Md., (Henry Dargan McMaster, U.S. Atty., Cameron M. Currie, Asst. U.S. Atty., Columbia, S.C., on brief), for appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and DOUMAR, District Judge.

ERVIN, Circuit Judge:

The plaintiff, George H. Thomason, challenges the fee awarded him by an Administrative Law Judge (ALJ) for the representation of a Social Security claimant. The plaintiff seeks injunctive and declaratory relief to compel the Secretary of the Department of Health and Human Services (Secretary) to afford him a hearing for review of the attorney fee determination. The district court dismissed the complaint for lack of subject matter jurisdiction...

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