MOTLEY v. HECKLER

No. 85-1561.

800 F.2d 1253 (1986)

Johnnie MOTLEY, Jr., Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1986.


Attorney(s) appearing for the Case

Mack A. Davis, Office of General Counsel, Social Security Div. (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Donald A. Gonya, Asst. Gen. Counsel; Randolph W. Gaines, Deputy Asst. Gen. Counsel for Litigation, John B. Watson, Chief, Assistance Payments Litigation Branch, Baltimore, Md., on brief), for appellant.

J. Patterson Rogers, 3rd, Danville, Va., for appellee.

Before ERVIN and WILKINSON, Circuit Judges, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.


PER CURIAM:

After successfully representing the plaintiff in his claim to benefits under Title II and Title XVI of the Social Security Act (the Act), counsel for the plaintiff petitioned the district court for an award of attorney's fees based on the total amount of Title II benefits to which plaintiff would be entitled absent the Title XVI windfall offset.1 Because the district court concluded that Congress did not intend for the Title...

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