McCARTHY v. SECRETARY OF HEALTH & HUMAN SERVICES

Nos. 85-1401, 85-1402.

793 F.2d 741 (1986)

Randolph McCARTHY, Jr., Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES (85-1401), State of Michigan, Department of Social Services, VanBuren County (85-1402), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 17, 1986.


Attorney(s) appearing for the Case

Martin F. Palus, Erica Marsden, Asst. U.S. Attys., Grand Rapids, Mich., Mack A. Davis, Office of the General Counsel, Dept. of Health & Human Services, Baltimore, Md., for Secretary of Health and Human Services.

Astra K. Bremanis, Kalamazoo, Mich., for McCarthy.

Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., William K. Basinger, Asst. Atty. Gen., Lansing, Mich., for State of Mich., Dept. of Social Services, Van Buren County.

Before KENNEDY and MILBURN, Circuit Judges, and JOINER, Senior District Judge.


MILBURN, Circuit Judge.

Plaintiff, an attorney who represented two claimants in successful claims for Supplemental Security Income ("SSI") benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-83, brought this action challenging the procedure by which the Secretary paid the past due benefits. On appeal, we are asked to decide whether a district court has the authority to order the Secretary of Health and Human Services to withhold attorney...

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