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BERGEN v. COMMISSIONER OF SOCIAL SEC.

Nos. 05-14683, 05-14684 Non-Argument Calendar.

444 F.3d 1281 (2006)

Donald BERGEN, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. James R. Taylor, Jr., Plaintiff-Appellant, v. William A. Halter, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 4, 2006.

Attorney(s) appearing for the Case

Richard A. Culbertson, Law Office of Richard A. Culbertson, Orlando, FL, for Plaintiffs-Appellants.

Susan Roark Waldron, Tampa, FL, Mary Ann Sloan, Dennis R. Williams, Douglas Wilson, Reginald V. Speegle, Stephen Thompson, Office of Gen. Counsel, SSA, Atl. Fed. Ctr., Atlanta, GA, for Defendants-Appellees.

Before DUBINA, HULL and WILSON, Circuit Judges.

PER CURIAM:

Does 42 U.S.C. § 406(b)(1)(A) permit an award of attorney's fees when a district court remands a case to the Commissioner of Social Security (Commissioner) for further proceedings, and the Commissioner subsequently awards the claimant past-due benefits on remand? This consolidated appeal presents us with an opportunity to answer this precise question definitively. We find that § 406(b)(1)(A) permits attorney's fees for past-due benefits after...

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