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KELLEMS v. ASTRUE

No. 09-10676.

628 F.3d 215 (2010)

David L. KELLEMS, Plaintiff-Appellee, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant, v. Jennifer L. Fry; Morgan & Weisbrod, L.L.P., Law Firm, Appellants.

United States Court of Appeals, Fifth Circuit.

December 16, 2010.

Attorney(s) appearing for the Case

David Kellems , FOrt Worth, TX., pro se.

Eric Schnaufer , Evanston, IL, William Arthur Newman , Miller, Curtis & Weisbrod, Dallas, TX, for Appellants.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this social security case, we are asked to decide whether a federal court may order an attorney to remit to his client an award of attorney's fees under the Equal Access to Justice Act (the "EAJA") as an offset against fees awarded to the attorney pursuant to 42 U.S.C. § 406(a) for work before the Social Security Administration. This appeal was stayed pending our decision in Rice...

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