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GUIDO v. SCHWEIKER

No. 85-3110.

775 F.2d 107 (1985)

Mary T. GUIDO, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 21, 1985.

Attorney(s) appearing for the Case

Suzanne J. Hayden, argued, Robert N. Peirce, Jr., Pittsburgh, Pa., and Eileen S. Goodin, Barkan & Neff Co., L.P.A., Columbus, Ohio, for appellant.

J. Alan Johnson, U.S. Atty., Anthony M. Mariani, Asst. U.S. Atty., Pittsburgh, Pa., Beverly Dennis, III, Regional Atty., William M. Reinhart, Supervisory Asst. Regional Atty., Sharon Ferrucci, Asst. Regional Atty., Paul S. Ceja, Asst. Regional Atty., and John E. Newton, Jr., argued, Office of General Counsel, Dept. of Health and Human Services, Region III, Philadelphia, Pa., for appellee.

Before WEIS and MANSMANN, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, we conclude that in Social Security disability cases a district court is authorized by the Act to approve counsel's requests for fees from the claimant's award only for services performed in court. Compensation for work performed in the administrative phase must be determined separately by the Secretary.

The claimant's attorney applied to the district court for approval of fees attributable...

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