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RODRIGUEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 88-1249.

856 F.2d 338 (1988)

Nazaria RODRIGUEZ, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Carlotta P. Wells, Office of General Counsel, Social Sec. Div., Dept. of Health and Human Services, Washington, D.C., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec. Litigation, A. George Lowe, Chief, Disability Litigation Branch, Baltimore, Md., and Etzion Brand, Office of General Counsel, Social Sec. Div., Dept. of Health and Human Services, Washington, D.C., were on brief, for defendant, appellant.

William Dominguez Torres, Rio Piedras, P.R., with whom Juan A. Hernandez Rivera, San Juan, P.R., was on brief, for plaintiff, appellee.

Before BOWNES, NOONAN, and SELYA, Circuit Judges.

NOONAN, Circuit Judge:

The Secretary of Health and Human Services (the Secretary) appeals the district court's award of attorney fees under 42 U.S.C. § 406(b)(1). The single, not-so-simple issue before the court — of importance to the Secretary and to the Social Security Bar — is whether interim payments made to a claimant pursuant to section 2(e) of the Social Security Disability Benefits Reform Act of 1984, Public L. No. 98-460, 98 Stat. 1794...

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