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BROWN v. SULLIVAN

No. 89-3887.

917 F.2d 189 (1990)

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

United States Court of Appeals, Fifth Circuit.

November 15, 1990.

Attorney(s) appearing for the Case

J. Courtney Wilson, Gertler, Gertler & Vincent, New Orleans, La., for plaintiff-appellant.

Darlynda K. Bogle, Atty., Office of General Counsel, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., Rodney Johnson, Karen J. Sharp, Chief, ARC, Health and Human Services/OGC, Dallas, Tex., for defendant-appellee.

Before RUBIN, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a dispute over attorney's fees in a social security case. We adopt the lodestar method for determining the amount of fees, specifying that the preexisting contingency fee agreement is relevant to the reasonableness of the fee but the percentage contracted for is not binding on the Secretary or district court. We also decide that the Secretary and district court may each award fees only for work before them.

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