SUNDE v. BARNHART

No. 04-3164.

417 F.3d 986 (2005)

Dennis G. SUNDE, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2005.


Attorney(s) appearing for the Case

Edward C. Olson, argued, Minneapolis, MN, for appellant.

Mary L. Senoo, (argued), Assistant Regional Counsel for SSA, Chicago, IL (Thomas B. Heffelfinger and Kim Leslie Bright, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, LAY, and MURPHY, Circuit Judges.


LAY, Circuit Judge.

This appeal arises out of the Social Security Commissioner's (Commissioner) decision to deny an exclusion of attorney's fees from the federal offset in Disability Insurance Benefits (DIB) required under the Social Security Act (Act). See 42 U.S.C. § 424a(a); 20 C.F.R. § 404.408. The issue in this case is whether attorney's fees may be allocated to a time period different from that during which the fees were actually paid. We conclude...

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