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JACKSON v. ASTRUE

No. 12-10255.

705 F.3d 527 (2013)

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

United States Court of Appeals, Fifth Circuit.

January 25, 2013.

Attorney(s) appearing for the Case

Dominick Bonino, Esq. , Charles E. Binder , Law Offices of Harry J. Binder & Charles E. Binder, P.C., New York, NY, for Plaintiff-Appellant.

Michael Eugene Robinson , Trial Attorney, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Carolyn Ann Ebbers , Assistant Regional Counsel, Social Security Administration, Office of the General Counsel Region VI, Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, CLEMENT, and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case concerns the type of judgment for which a district court can grant attorneys' fees to the attorney of a prevailing social-security claimant under the Social Security Act, 42 U.S.C. § 406(b). The district court determined that § 406(b) does not authorize attorneys' fees when a district court remands a case to the Social Security Administration ("SSA"), even when the...

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