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POWER v. BARNHART

No. 01-5182.

292 F.3d 781 (2002)

David F. POWER, Appellant, v. Jo Ann BARNHART, Commissioner, Social Security Administration, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2002.

Attorney(s) appearing for the Case

David F. Power, appearing pro se, argued the cause and filed the briefs for appellant.

Fred E. Haynes, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

GARLAND, Circuit Judge:

Attorney David Power seeks a writ of mandamus compelling the Social Security Administration (SSA) to approve a fee agreement he submitted to recover fees for representing a claimant before the SSA. The district court dismissed Power's complaint, finding that he had failed to satisfy the strict requirements for mandamus. Because neither Power's right to relief nor the SSA's duty to provide it is clear, and because Power failed to avail himself...

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