1. Home
  2. Browse Decisions
  3. U.S.
  4. 535 U.S.
  5. 535 U.S. 789 (2002)
 

GISBRECHT v. BARNHART

No. 01-131.

535 U.S. 789 (2002)

GISBRECHT et al. v. BARNHART, COMMISSIONER OF SOCIAL SECURITY

United States Supreme Court.

Decided May 28, 2002.

Attorney(s) appearing for the Case

Eric Schnaufer argued the cause for petitioners. With him on the briefs were Eric Schnapper and Tim Wilborn.

David B. Salmons argued the cause pro hac vice for respondent. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, William Kanter, and Frank A. Rosenfeld.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, p. 809.

Justice Ginsburg, delivered the opinion of the Court.

This case concerns the fees that may be awarded attorneys who successfully represent Social Security benefits claimants in court. Under 42 U. S. C. § 406(b) (1994 ed. and Supp. V),1 a prevailing claimant's fees are payable only out of the benefits recovered; in amount, such fees may not exceed 25 percent of past-due benefits. At issue is a question that has sharply divided the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases