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SMITH v. SULLIVAN

Nos. 92-2457, 92-2884, 92-2888, 92-2904, 92-3131 and 92-3156.

986 F.2d 232 (1993)

Bobby SMITH, Social Security # 345-50-9267, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellee. Bobby L. RUSHER, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant-Appellee. June SEEGRAVES, Social Security # 491-48-5054, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellee. Robin DECKER, Sr., Social Security # 431-98-9026, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary, Health & Human Services, Defendant-Appellee. Della WELLS, Social Security # 430-94-0508, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health & Human Services, Defendant-Appellee. Bobby KIRKSEY, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1993.

Rehearing and Rehearing Denied April 19, 1993.

Attorney(s) appearing for the Case

Anthony W. Bartels, Jonesboro, AR, argued, for plaintiffs-appellants.

Charlotte M. Connery-Aujla, Dept. of Health and Human Services, Baltimore, MD, argued (Michael W. Spades, Jr., Asst. U.S. Atty., on the brief), for defendants-appellees.

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied April 19, 1993.

JOHN R. GIBSON, Circuit Judge.

Bobby Smith, the recipient of social security benefits, and Anthony W. Bartels, his lawyer, appeal from a magistrate judge's1 order stating that the federal courts did not have authority to award attorneys' fees for a claimant's administrative level representation, see 42 U.S.C.A. § 406 (1991), and awarding attorneys' fees in an amount...

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