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WELLS v. BOWEN

Nos. 1166, 1165, 1167 and 1133. Dockets 88-6048, 88-6046, 88-6050 and 88-6052.

855 F.2d 37 (1988)

Dale WELLS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. Appeal of John S. HOGG (Four Cases). William OLIVER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. William HLYWA, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. Joseph J. GEMELLI, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 9, 1988.

Attorney(s) appearing for the Case

John B. Duggan, Greer, S.C., for appellant Hogg.

John S. Hogg, Hamilton, N.Y., for plaintiffs-appellants Wells, Oliver, Hlywa and Gemelli.

Cathy J. Neustein, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, New York City, Peter O'Malley, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, New York City (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Syracuse, N.Y., Ronald E. Robertson, Gen. Counsel, Barbara Lewis Spivak, Deputy Chief Counsel, U.S. Dept. of Health and Human Services, New York City, of counsel), for defendant-appellee.

Susan Millington Campbell, Campbell, Patrick & Chin, New York City, for amicus curiae New York Social Sec. Bar Ass'n.

Before MESKILL and WINTER, Circuit Judges, and McCURN, District Judge.

MESKILL, Circuit Judge:

In these four appeals, which we have considered together, we must resolve several troublesome and recurring issues arising out of the awarding of attorney's fees under the applicable provision of the Social Security Act (SSA), 42 U.S.C. § 406(b) (1982). Specifically, we must consider the relationship between the SSA fee provision and an analogous provision of the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (1982 &...

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