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WRENN EX REL. WRENN v. ASTRUE

No. 06-7088.

525 F.3d 931 (2008)

Leola WRENN, on behalf of Patricia WRENN, deceased, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 7, 2008.

Attorney(s) appearing for the Case

Steve A. Troutman of the firm Troutman & Troutman, P.C., Tulsa, OK, for Plaintiff-Appellant.

Christopher Carillo, Assistant Regional Counsel, Office of the General Counsel, Region IV, Social Security Administration, (Sheldon J. Sperling, United States Attorney and Tina M. Waddell, Regional Chief Counsel, Office of the General Counsel, Region IV, Social Security Administration, Dallas, TX, with him on the brief), for Defendant-Appellee.

Before HARTZ, O'BRIEN, and HOLMES, Circuit Judges.

O'BRIEN, Circuit Judge.

This case concerns the district court's determination that the combined attorney fees for representation before the Social Security Administration and on appeal to a district court cannot exceed 25% of past-due benefits. That holding ignores plain statutory language. We reverse and remand for further proceedings.

I. OVERVIEW OF APPLICATION FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS

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