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KUGLER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 83 CV 3098.

646 F.Supp. 129 (1986)

Stanley KUGLER, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, E.D. New York.

October 14, 1986.

Attorney(s) appearing for the Case

Simon, Newman & Brook by Barry Simon, Forest Hills, N.Y., for plaintiff.

Andrew J. Maloney, U.S. Atty. by Thomas P. Battistoni, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

The issue in this case is whether the limit on attorneys' fees under 42 U.S.C. § 406 in Social Security cases is based on the amount of retroactive disability benefits before or after the deduction under 42 U.S.C. § 1320a-6 for Supplemental Security Income benefits previously paid.

On November 2, 1985, the Secretary of Health and Human Services (the "Secretary") awarded the plaintiff retroactive...

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