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HARRIS v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 85-2898.

836 F.2d 496 (1987)

E.L. HARRIS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 31, 1987.

Attorney(s) appearing for the Case

Gary J. Martone, Albuquerque, N.M., for plaintiff-appellant.

Ronald F. Ross, Asst. U.S. Atty., William L. Lutz, U.S. Atty., Albuquerque, N.M., with him on the response, for defendant-appellee.

Before McKAY and ANDERSON, Circuit Judges, and THOMPSON, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Claimant Harris was the prevailing party before this court in a prior action for disability benefits. Harris v. Secretary of Health & Human Servs., 821 F.2d 541 (10th Cir.1987). Pursuant to 42 U.S.C. § 406(a) (1982), the Social Security Administration has withheld twenty-five percent of Harris' back benefits and is awaiting action from the court as to reasonable attorney's fees to...

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