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JETER v. ASTRUE

No. 09-30452.

622 F.3d 371 (2010)

Rita JETER, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 2010.

Attorney(s) appearing for the Case

John G. Ratcliff , Ratcliff & Greer, L.L.C., Shreveport, LA, for Jeter.

Jose Ricardo Hernandez , Sp. Asst. U.S. Atty., SSA, Office of Gen. Counsel, Region VI, Dallas, TX, John A. Broadwell , Asst. U.S. Atty., Shreveport, LA, for Astrue.

Before GARZA and BENAVIDES, Circuit Judges, and LYNN, District Judge.

BENAVIDES, Circuit Judge.

We are presented with the question of whether district courts may employ the lodestar method to determine whether an attorney fee constitutes a "windfall" under Gisbrecht v. Barnhart, 535 U.S. 789, 122 S.Ct. 1817, 152 L.Ed.2d 996 (2002). Because we read Gisbrecht as merely forbidding exclusive reliance on the lodestar method to determine the reasonableness of a 42 U.S.C. § 406...

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