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CLARK v. ASTRUE

No. 07-35056.

529 F.3d 1211 (2008)

Gail C. CLARK, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2008.

Attorney(s) appearing for the Case

Ralph Wilborn, Ralph Wilborn and Etta L. Wilborn, P.C., West Linn, Oregon; Elie Halpern, Halpern & Oliver, PLLC, Olympia, WA, for the plaintiff-appellant.

Jeffrey C. Sullivan, United States Attorney; Brian C. Kipnis, Assistant United States Attorney; David Morado, Regional Chief Counsel, David M. Blume, Assistant Regional Counsel, Social Security Administration Office of General Counsel, Seattle, WA, for the defendant-appellee.

Before CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JOSEPH M. HOOD, Senior District Judge.

BEA, Circuit Judge:

Social Security claimant Gail Clark appeals the district court's order denying, in part, her attorney's request for attorney's fees pursuant to 42 U.S.C. § 406(b). In its decision, the district court concluded § 406(b) limits the combined amount of attorney's fees that can be awarded under both § 406(a) (which governs the award of attorney's fees for representation before the Social Security...

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