JACKSON v. COMMISSIONER OF SOCIAL SECURITY

No. 09-12529.

601 F.3d 1268 (2010)

Pervis L. JACKSON, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 2, 2010.


Attorney(s) appearing for the Case

Richard A. Culbertson, Law Office of Richard A. Culbertson, Orlando, FL, for Jackson.

Nadine DeLuca Elder, Christopher Gene Harris, Susan Kelm Story, Dennis R. Williams, Mary Ann Sloan, Holly G. Grimes, Atlanta, GA, for Defendant-Appellee.

Before TJOFLAT, PRYOR and MARTIN, Circuit Judges.


MARTIN, Circuit Judge:

This case requires us to address the interaction of two fee-recovery statutes, 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b). The question presented is whether an attorney who requests attorney's fees under 42 U.S.C. § 406(b) is required to refund an earlier payment made under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), or whether the attorney may instead offset the EAJA award by deducting it from his 42 U...

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