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WEISBROD v. SULLIVAN

No. 88-1696.

875 F.2d 526 (1989)

Carl M. WEISBROD, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 1989.

Attorney(s) appearing for the Case

Michael M. Daniel, Julian & Daniel, Dallas, Tex., for plaintiff-appellant.

Michael Jay Singer, Jerome L. Epstein, John R. Bolton, Dept. of Justice, Fed. Programs Branch, Civ. Div., Washington, D.C., for defendant-appellee.

Before REAVLEY and POLITZ, Circuit Judges, and HUNTER, District Judge.

EDWIN F. HUNTER, Jr., District Judge:

Section 206(a) of the Social Security Act ("ACT")1, vested the Secretary with authority to set "reasonable" fees that attorneys may charge their clients in administrative proceedings and to institute regulations to fulfill this mandate. A regulation promulgated pursuant to this statute sets forth various factors to be considered when the Secretary sets a fee. Appellant, Weisbrod, an attorney who represents...

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