MUDD v. BARNHART

No. 04-1416.

418 F.3d 424 (2005)

Stephen L. MUDD, Plaintiff-Appellee, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 2005.


Attorney(s) appearing for the Case

ARGUED: Joshua Paul Waldman, United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Appellant. James E. Hutchins, Mathews, Virginia, for Appellee. ON BRIEF: Peter D. Keisler, Assistant Attorney General, John L. Brownlee, United States Attorney, William Kanter, Michael E. Robinson, United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Appellant.

Before MICHAEL and KING, Circuit Judges, and JAMES R. SPENCER, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge KING and Judge SPENCER joined.

OPINION

MICHAEL, Circuit Judge.

After the Social Security benefits claimant in this case lost at the administrative level, the district court awarded him benefits and awarded his lawyer the agreed-upon contingent fee (twenty-five percent of past-due benefits). The Commissioner of Social Security appeals only the district court's denial of...

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