U.S. Court of Appeals for the Fourth Circuit, 1972

Charles L. Edgens v. Elliot L. Richardson, Secretary of Health, Education and Welfare

Charles L. Edgens v. Elliot L. Richardson, Secretary of Health, Education and Welfare
U.S. Court of Appeals for the Fourth Circuit · Decided February 9, 1972 · Haynsworth, Russell, Field
455 F.2d 508 (Federal Reporter, Second Series)

Charles L. Edgens v. Elliot L. Richardson, Secretary of Health, Education and Welfare

Opinion

PER CURIAM:

James B. Stephen, an attorney at law, appeals from an order of the district court which allowed him an attorney’s fee of $2,500.00, but denied the full amount of his request.

Stephen represented Charles L. Edg-ens, a social security claimant, in the district court and succeeded in obtaining an award for Edgens in the amount of $15,-584.20. Thereafter, Stephen petitioned the district court to approve an attorney’s fee equal to 25% of the accrued benefits or $3,896.05, the maximum fee allowable under 42 U.S.C.A. § 406(b) (1). The district court, after reviewing the entire record and considering all the circumstances of the case, awarded Stephen a $2,500.00 fee.

We have examined the briefs, appendix, and the record. We cannot say that the district court abused its discretion.

Accordingly, we find oral argument unnecessary and affirm the judgment below.

Affirmed.

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