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RAMOS COLON v. SECRETARY OF HEALTH & HUMAN SERV.

No. 87-1875.

850 F.2d 24 (1988)

Wilberto RAMOS COLON, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 29, 1988.

Attorney(s) appearing for the Case

Juan A. Hernandez Rivera, San Juan, P.R., Angel L. Cintron Carrasquillo, Santurce, P.R., Ivan O. Gonzalez Cruz and William Dominguez Torres, Rio Piedras, P.R., on brief for plaintiff, appellant.

William E. Wilkin, Office of Gen. Counsel, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., 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, and A. George Lowe, Chief, Disability Litigation Branch, Baltimore, Md., on brief for defendant, appellee.

Before BREYER, TORRUELLA and SELYA, Circuit Judges.

PER CURIAM.

This appeal is brought by Attorney Juan Hernandez Rivera, who successfully represented a Social Security claimant in an effort to obtain past due benefits. In keeping with 42 U.S.C. § 406(b), when the past due benefits were awarded by the court, 25 percent of the total judgment, here $6,450.17, was withheld by the Social Security Administration for the payment of legal fees. Hernandez was awarded $3,000 for services which he rendered at the administrative...

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