MARY ALICE GALBREATH, APPELLEE,
v.
OTIS R. BOWEN, M.D., SECRETARY OF HEALTH AND HUMAN SERVICES, APPELLANT
FLOYD R. GIBSON, Senior Circuit Judge.
In Galbreath v. Bowen, 799 F. 2d 370 (8th Cir.1986), we affirmed the order of the district court directing the Secretary to pay an attorney’s fee from past-due supplemental security income (SSI) benefits awarded to Galbreath. We held that “[a]bsent express statutory prohibition, the district court possesses the inherent power to withhold and certify for payment an attorney’s fee from SSI benefits.” Id. at 374.
The United States Supreme Court granted the Secretary’s petition for writ of cer-tiorari and reversed, holding that the district court does not have the authority to order the Secretary to withhold attorney’s fees in SSI cases. Bowen v. Galbreath, — U.S.-, 108 S.Ct. 892, 99 L.Ed.2d 68 (1988). Accordingly, we reverse the order of the district court with directions to enter an order denying counsel’s motion for attorney’s fees.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Mothershed, 859 F.2d 585 (8th Cir. 1988)
-
United States v. Johnson, 879 F.2d 331 (8th Cir. 1989)
-
United States v. Westbrook, 896 F.2d 330 (8th Cir. 1990)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Castle v. Hayes Freight Lines, Inc., 348 U.S. 61 (U.S. 1954)
- Bowen v. Galbreath, 485 U.S. 74 (U.S. 1988)
- Galbreath v. Otis R. Bowen, M.D., 799 F.2d 370 (8th Cir. 1986)