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RICE v. ASTRUE

No. 09-10589.

609 F.3d 831 (2010)

Evelyn D. RICE, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 2010.

Attorney(s) appearing for the Case

Ronald David Honig, Dallas, TX, Eric Schnaufer, Evanston, IL, for Plaintiff-Appellant.

Jose Ricardo Hernandez, Special Asst. U.S. Atty., Dallas, TX, Charles Ottis Dobbs, Asst. U.S. Atty., Fort Worth, TX, William Kanter, Michael Eugene Robinson, Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, for Defendant-Appellee.

Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This social security case brings the issue of whether a federal court may condition the amount of its Equal Access to Justice Act award of attorney's fees on a future grant of attorney's fees by the Commissioner of Social Security. The government concedes that Congress does not permit the offset. We are persuaded that this concession is compelled by the statutory scheme.

I.

Evelyn D. Rice, a former postal clerk...

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